The recent buzz surrounding M&S's Strawberry and Crème sandwiches has thrust VAT on different products into the limelight again. Are these delightful creations zero-rated under UK VAT law, or do they fall into the dreaded 'confectionery' category?
VAT on Strawberry And Creme Sandwiches, so sweet, Indulgence taxed high
It seems that VAT on Strawberry and Crème Sandwiches has taken centre stage, sparking both intrigue and debate among the tax-savvy and sweet-toothed alike. Marks & Spencer's latest offering, inspired by Japanese dessert trends, has triggered a fascinating discourse about whether this peculiar sandwich qualifies for a zero rate of VAT.
A situation that many can't help but find amusing!
To understand this quirky tax puzzle, it's essential to consider the fundamental categories under which food items are assessed for VAT. Generally speaking, foods meant for human consumption are zero-rated, while specific 'excepted items,' which include confectionery, are subject to the standard rate. It's a complicated dance of definitions and rules, leading to the question: Can an unconventional product, such as a dessert sandwich, skirt between these classifications?
The law defines ‘confectionery' as sweetened prepared food usually eaten with the fingers. On the surface, the Strawberry and Crème sandwich seems to fit that description, thus categorising it as an exempt item, and therefore subject to VAT. However, the convoluted tax legislation does offer some potential loopholes. For instance, certain items - like fruit-based desserts - can revert to zero-rating if classified correctly. This is where the rubber meets the road, and the drama unfolds.
Interestingly, this is not the first time a food item has been scrutinised through the lens of VAT. Take, for example, the infamous Jaffa Cakes debate. These chocolate-covered delights haven't just served as a relaxing snack; they've also been at the heart of VAT debates, with decisions often ending in court. Writing about such precedents prompts me to consider whether the M&S sandwich will find itself in similar legal territory.
The issue of VAT on Strawberry and Crème Sandwiches prompts broader considerations about the complexities of tax law relating to food products!
With so many items now on the market that didn't exist at the time current laws were formulated, there's a growing argument for vigorous reform. Our society and food economy have undergone significant changes since the 1970s. Following this evolution, the legal framework governing food taxation seems bewilderingly outdated, sometimes even comical.
As someone who has lived through these culinary evolutions, I can reflect on how odd it is that lawmakers from decades ago never anticipated such sweet innovations as dessert sandwiches. How could they have imagined such iterations while contemplating the lunchbox staples of their youth?
While I haven't taken a bite of M&S's Strawberry and Crème sandwiches yet, I can't help, but ponder the intricate, often humorous world of VAT that surrounds these new treats. Whether or not they'll be zero-rated remains to be seen, but one thing is crystal clear: VAT on Strawberry And Crème Sandwiches is sure to keep the conversation going.
Let's hope the policymakers, rather than just the public, find a resolution to the delightful confusion this product has sparked.
If anything I've written in my blog post resonates with you and you'd like to discover more of my thoughts about VAT on Strawberry And Creme Sandwiches (and Jaffa Cakes!), then do call me on 01908 774320 and let's see how I can help you.
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Roger trained at Edward Thomas Peirson & Sons in Market Harborough before working at Hartwell & Co, followed by Chancery, as a partner. He started Essendon Accounts and Tax with Helen Beaumont in 2014 as a general practitioner with a hands-on approach.
Roger loves getting his hands dirty, working with emerging, small-to-medium and family businesses to ensure they receive the best possible accountancy advice. Roger utilises an extensive network of business contacts to leverage the best guidance and practical solutions.
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