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Commentary

V2.103 VAT registration of persons not businesses

Part V2 Registration – deregistration

It has been firmly established that it is 'persons' (as defined at V2.101) who are required to register for VAT purposes, and not the business or businesses which they carry on. Cases confirming this principle include Glassborow1 and ICAN Finance2.

While the UK was an EU member state, the CJEU held in Galin Kostov that 'Article 9(1) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax is to be interpreted as meaning that a natural person who is already a taxable person for value added tax purposes in respect of his activities as a self-employed bailiff must be regarded as a “taxable person” in respect of any other economic activity carried out occasionally, provided that that activity constitutes an activity within the meaning of the second subparagraph of Article 9(1) of Directive 2006/112.'3 Two consequences follow from this principle:

  1. • any one person is entitled to only one registration unless the legislation allows otherwise, and

  2. • the persons' registration

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