Uber and VAT

Author
Discussion

Fittster

20,120 posts

214 months

Wednesday 14th November 2018
quotequote all

Addison Lee loses appeal on worker rights


https://www.bbc.co.uk/news/business-46209144

anonymous-user

Original Poster:

55 months

Wednesday 19th December 2018
quotequote all
Uber loses appeal against a ruling that its drivers should be treated as workers rather than self employed

https://www.bbc.co.uk/news/business-46617584

Judgment here https://www.judiciary.uk/wp-content/uploads/2018/1...

skwdenyer

16,579 posts

241 months

Wednesday 19th December 2018
quotequote all
JPJPJP said:
Uber loses appeal against a ruling that its drivers should be treated as workers rather than self employed

https://www.bbc.co.uk/news/business-46617584

Judgment here https://www.judiciary.uk/wp-content/uploads/2018/1...
Uber's response? "It wasn't unanimous, so off to the Supreme Court we go." This case has been rumbling on since at least 2016 so far...

anonymous-user

Original Poster:

55 months

Wednesday 19th December 2018
quotequote all
Quite right too. This is pretty close to existential for Uber: it should fight as hard as it can, for as long as it can.

All the while building out its network to strengthen its position in the market & damage its competition

anonymous-user

Original Poster:

55 months

Friday 18th January 2019
quotequote all
There is a hearing scheduled for early Feb

It seems it will mostly focus on the matter of a protective costs order for Maugham / GLP

https://twitter.com/jolyonmaugham/status/108482084...

anonymous-user

Original Poster:

55 months

Wednesday 6th February 2019
quotequote all
Good Law Project's application for a protective costs order against Uber is being heard this very morning

Uber is, as one would expect, resisting

Links to skeleton arguments of both sides included in the tweet below

https://twitter.com/GoodLawProject/status/10930879...

anonymous-user

Original Poster:

55 months

Wednesday 20th February 2019
quotequote all
Vat will be collected from Uber!

In Egypt

http://www.egypttoday.com/Article/3/64881/Egypt-to...

anonymous-user

Original Poster:

55 months

Monday 25th February 2019
quotequote all
The application for a protective costs order has been dismissed

Good law project has to pay Uber > £100k in costs

An appeal is mentioned and potential new proceedings against HMRC

https://goodlawproject.org/uber-protective-costs-a...

skwdenyer

16,579 posts

241 months

Friday 1st March 2019
quotequote all
JPJPJP said:
The application for a protective costs order has been dismissed

Good law project has to pay Uber > £100k in costs

An appeal is mentioned and potential new proceedings against HMRC

https://goodlawproject.org/uber-protective-costs-a...
I’m generally supportive of GLP but this seemed bound to fail as the actual action (claim for a VAT invoice) seems to be outside of the scope of a PCO. An appeal might be interesting, but having read the judgement it seems hard but not impossible to see how it can succeed.

Whilst I do understand why GLP didn’t go to a judicial review in this issue, it still seems like the more rational course of action - especially because a PCO would most likely be available.

anonymous-user

Original Poster:

55 months

Wednesday 6th March 2019
quotequote all
The next step in GLP's Uber VAT mission

https://twitter.com/GoodLawProject/status/11033466...



This bit looks as though it might be interesting

https://twitter.com/GoodLawProject/status/11033488...


skwdenyer

16,579 posts

241 months

Saturday 9th March 2019
quotequote all
JPJPJP said:
The next step in GLP's Uber VAT mission

https://twitter.com/GoodLawProject/status/11033466...



This bit looks as though it might be interesting

https://twitter.com/GoodLawProject/status/11033488...

Well, later this week has come and - largely - gone without any follow-up from this...

anonymous-user

Original Poster:

55 months

Sunday 19th May 2019
quotequote all
Yes, there has been a disappointing delay / absence of news. But here is another update

A piece in the Sunday times suggesting HMRC has been looking and that the good law project is about to sue HMRC for ‘failing to act in relation to uber’s Tax dodging’

|https://thumbsnap.com/rwHfMCXk[/url]

https://twitter.com/goodlawproject/status/11300309...

[url]

Edited by anonymous-user on Sunday 19th May 14:43

Murph7355

37,768 posts

257 months

Sunday 19th May 2019
quotequote all
JPJPJP said:
...
A piece in the Sunday times suggesting HMRC has been looking and that the good law project is about to sue HMRC for ‘failing to act in relation to uber’s Tax dodging’...
Best of luck to them.

Are they still being crowd funded?

anonymous-user

Original Poster:

55 months

Wednesday 29th May 2019
quotequote all
Later than it was signposted to be, but proceedings have been issued today apparently

https://twitter.com/JolyonMaugham/status/113376773...



The documents are here

https://goodlawproject.org/good-law-project-sues-h...

anonymous-user

Original Poster:

55 months

Thursday 27th June 2019
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HMRC has applied for a “swingeing” confidentiality order to protect basic details of the judicial review from disclosure

https://twitter.com/goodlawproject/status/11441262...

anonymous-user

Original Poster:

55 months

Thursday 10th October 2019
quotequote all
A bit of movement

A hearing on issues associated with the case on 6 Nov but there is this little section in the most recently filed accounts



The FT (https://ftalphaville.ft.com/2019/10/09/1570629132000/Uber-s-UK-VAT-liability-confirmed/) or google "ubers uk vat liability confirmed" if you are not an FT subscriber suggests

'The most newsworthy part was arguably this one: “the Uber Group is involved in an ongoing dialog with HMRC, which is seeking to classify the Uber Group as a transportation provider. Being classified as a transportation provider would result in a VAT (20%) on Gross Bookings or on the service fee that the Company charges Drivers, both retroactively and prospectively."

...

Of course, the fact that Uber London since filed a company account noting that a dialogue with HMRC over a VAT liability is ongoing implies some sort of protective assessment may already have been initiated. So to some extent the cat is already out of the bag.'

paulrockliffe

15,726 posts

228 months

Thursday 10th October 2019
quotequote all
JPJPJP said:
A bit of movement

A hearing on issues associated with the case on 6 Nov but there is this little section in the most recently filed accounts



The FT (https://ftalphaville.ft.com/2019/10/09/1570629132000/Uber-s-UK-VAT-liability-confirmed/) or google "ubers uk vat liability confirmed" if you are not an FT subscriber suggests

'The most newsworthy part was arguably this one: “the Uber Group is involved in an ongoing dialog with HMRC, which is seeking to classify the Uber Group as a transportation provider. Being classified as a transportation provider would result in a VAT (20%) on Gross Bookings or on the service fee that the Company charges Drivers, both retroactively and prospectively."

...

Of course, the fact that Uber London since filed a company account noting that a dialogue with HMRC over a VAT liability is ongoing implies some sort of protective assessment may already have been initiated. So to some extent the cat is already out of the bag.'
Protective assessments cover periods that go out of time while an investigation is ongoing, whether they're issued or not there's always 4 years of retrospective liability from the date of any assessment.

anonymous-user

Original Poster:

55 months

Friday 11th October 2019
quotequote all
It doesn't really tell you a lot. The last VAT ding dong I was involved with (with about £1m at stake) took 18 months from asking HMRC for clearance to them giving 'an opinion' (adverse to us). By the time I left the company they still hadn't issued an assessment so nothing was particularly formal by that time. Our accounts included a liability line for the disputed amounts and HMRC had given an initial opinion, but nothing more had happened.

anonymous-user

Original Poster:

55 months

Friday 11th October 2019
quotequote all
And, lurking in the background still is employer’s national insurance. If the Supreme Court rules uber is an employer, it could have to pay that too.

A contingent liability is mentioned in Uber Inc’s accounts filed in the US

The Mad Monk

10,474 posts

118 months

Friday 11th October 2019
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JPJPJP said:
And, lurking in the background still is employer’s national insurance. If the Supreme Court rules uber is an employer, it could have to pay that too.

A contingent liability is mentioned in Uber Inc’s accounts filed in the US
So will Addison Lee and everybody else including 'arry's minicabs, the Arches, 'ighgate.

No?