Supreme Court unanimously rules that success fees were chargeable to VAT and dismisses the taxpayer’s appeal (Prudential Assurance Company Ltd v HMRC)
Tax analysis: In The Prudential Assurance Company Ltd v HMRC, the Supreme Court decided that success fees for investment management services performed when the supplier was in the same VAT group as Prudential, but invoiced after the supplier had left, were subject to VAT. It found that, in the circumstances of the case, the Value Added Tax Regulations 1995, SI 1995/2518, reg 90(1) determined whether the services were supplied when the parties were in the same VAT group.