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Pringles lose Appeal Court case | Pringles lose Appeal Court case |
(about 5 hours later) | |
Procter & Gamble will be forced to pay tens of millions of pounds in VAT after losing a legal battle with the taxman over its Pringles snack. | Procter & Gamble will be forced to pay tens of millions of pounds in VAT after losing a legal battle with the taxman over its Pringles snack. |
The Court of Appeal ruled in favour of the Revenue, which has long maintained that Pringles constitute a potato snack and are, therefore, liable for VAT. | The Court of Appeal ruled in favour of the Revenue, which has long maintained that Pringles constitute a potato snack and are, therefore, liable for VAT. |
A High Court judge ruled last summer that the snack was exempt from the tax. | A High Court judge ruled last summer that the snack was exempt from the tax. |
Foods are usually exempt from VAT, but one of the few exceptions is the humble potato crisp. | Foods are usually exempt from VAT, but one of the few exceptions is the humble potato crisp. |
'Reasonable view' | 'Reasonable view' |
A High Court judge ruled last July that Pringles' packaging, "unnatural shape" and the fact that the potato content is less than 50% meant the snack was exempt from VAT. | |
The Appeal Court judges disagreed. | The Appeal Court judges disagreed. |
"There is more than enough potato content for it to be a reasonable view that it is made from potato," said Lord Justice Jacob. | "There is more than enough potato content for it to be a reasonable view that it is made from potato," said Lord Justice Jacob. |
Potatoes make up 42% of the Pringles' ingredients. | Potatoes make up 42% of the Pringles' ingredients. |
He added that the lawyer acting for the Revenue advised him the VAT due on the sale of Pringles was "as much as £100m of tax for the past and about £20m a year for the future." | He added that the lawyer acting for the Revenue advised him the VAT due on the sale of Pringles was "as much as £100m of tax for the past and about £20m a year for the future." |
But a spokesperson for Procter & Gamble said the company had been paying VAT on the snack pending the appeal process, and so was not liable for any back taxes. | But a spokesperson for Procter & Gamble said the company had been paying VAT on the snack pending the appeal process, and so was not liable for any back taxes. |
Unnatural | Unnatural |
While praising the "simplicity and common sense" of the judges, Toby O'Reilly, director in indirect tax at Ernst & Young, said an opportunity had been missed to provide "coherent guidance" on which snacks are, and which are not, subject to VAT. | While praising the "simplicity and common sense" of the judges, Toby O'Reilly, director in indirect tax at Ernst & Young, said an opportunity had been missed to provide "coherent guidance" on which snacks are, and which are not, subject to VAT. |
At last year's High Court hearing, Procter & Gamble insisted that their best-selling product was not similar to potato crisps, because of their "mouth melt" taste, "uniform colour" and "regular shape" which "is not found in nature". | At last year's High Court hearing, Procter & Gamble insisted that their best-selling product was not similar to potato crisps, because of their "mouth melt" taste, "uniform colour" and "regular shape" which "is not found in nature". |
It also argued that potato crisps - unlike Pringles - did not contain non-potato flours, and were not packaged in tubes. | It also argued that potato crisps - unlike Pringles - did not contain non-potato flours, and were not packaged in tubes. |
Pringles are more like a cake or a biscuit, it claimed, because they are manufactured from dough. | Pringles are more like a cake or a biscuit, it claimed, because they are manufactured from dough. |
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