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U.K. Subway's Toasted Sandwiches Still Subject to Standard VAT

17 June 2014

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United Kingdom

The U.K. Court of Appeal has dismissed a Subway franchise owner's appeal of earlier Tribunal decisions that their heated sandwiches are subject to the U.K.'s standard 20% VAT rate. The decision upholds previous decisions by the First Tier Tribunal and Upper Tribunal that sandwiches, when heated, are no longer eligible for the zero-rating applied to other foods and must be taxed at the standard VAT rate. There were essentially two main arguments by the taxpayer in the appeal. The taxpayer argued that their supply of heated sandwiches should not be subject to standard rate VAT because similar foods are zero-rated....