Tax analysis: In WTGIL Ltd, the Court of Appeal decided that, where an insurance intermediary has supplied intermediary services in relation to car insurance policies that require it to provide and fit devices to the cars concerned, the provision and fitting of the devices by the intermediary is an exempt activity carried out ‘in the course of’ acting in an intermediary capacity. The Court found the services fell within the scope of Item 4 of Group 2 of Part II of Schedule 9 to the Value Added Tax Act 1994 (VATA 1994) which provides exemption for the services of an insurance intermediary that are related to a contract for insurance and are supplied by the insurance intermediary ‘in the course of’ acting in an intermediary capacity.
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