A tribunal victory for Rank Group and Betfred against HM Revenue & Customs (HMRC) has raised the possibility of British bookies getting refunds from the tax man.
VAT on Fixed Odds Betting Terminals
In a rare piece of good news for Britain’s embattled bookies, an Upper Tribunal led by Justice Anthony Mann and Judge Thomas Scott, has ruled in favour of the betting firms in their long running dispute with HMRC over the classification of VAT charges on Fixed Odds Betting Terminals (FOBTs).
The saga revolves around different interpretations of VAT exemptions relating to FOBTS. Basically, Rank Group and Betfred had argued that VAT charges on FOBTs were subject to tax exemptions in line with other casino games, because HMRC had not updated legislation or made any distinction in the supply of games specifically through FBOTs. In fact, the bookies pointed out that HMRC did not update legislation to include FOBTs until as late as January 2013.
Rank Group challenged tax paid on the machines between 2002 and 2005, while Betfred’s case covered 2005 to 2013. The latest ruling is the third defeat on the issue for HMRC, which had lost two previous battles against the bookies.
In an official statement, Betfred said:
“This is a historical tax case where the Upper Tribunal has agreed with the original court decision in July 2018 that licensed betting offices were wrongly charged VAT on Fixed Odds Betting Terminals between 2005 and 2013 before the introduction of machine games duty.
“We will not be making any further comment as HMRC is still able to seek permission to have an appeal on the matter heard by the Court of Appeal.”
Rank now needs HMRC support
Staying with Rank Group, is has emerged the company has now furloughed almost 90% of its UK-based staff in response to the COVID-19 lockdown. The nearly 7,000 employees should still receive 80% of their salary if the UK governments job retention scheme is rolled out effectively.
Rank Group directors have also volunteered to take a 20% pay cut for the duration of the crisis. The company has estimated that, if its venues remain closed for an extended period, the groups annual underlying operating profit could fall between GBP £48m and £58m.
The company has said it is continuing to work to protect cash and prepare for the safe reopening of its venues, and that it remains optimistic it can “withstand an extended period of economic turmoil” with support from HM Treasury and HMRC.
AYO.NEWS says:
Though the latest ruling is the third defeat for HMRC, we very much doubt this will be the last of it. With tax revenues likely to plummet due to the unprecedented COVID-19 driven economic shutdown, no tax agency will be wanting to give money back.
However, for the bookies, times are equally as tough, and they will be keen to claw back any earnings they can. And, three victories will surely encourage other operators to pile in with similar claims.
AYO.NEWS says features the opinion of the author and does not necessarily reflect the views of Pentagon Digital Limited.
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