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PS VAT - international reaction

224 replies

AlbionLass · 28/10/2024 06:48

France and Germany attack UK plan to levy VAT on international school fees
Proposal to impose value added tax in the Budget risks damaging diplomatic ties, ambassadors say.

France and Germany have hit out at Sir Keir Starmer’s plan to levy value added tax on private school fees, saying the policy risks forcing hundreds of children out of international schools and damaging diplomatic relations with the UK.

I wonder how this will square with wanting to be closer to the EU?

OP posts:
SheilaFentiman · 03/11/2024 22:29

It is breaching human rights.

This absolutely remains to be seen, and it will be a a number of months before any initial ruling.

strawberrybubblegum · 03/11/2024 23:07

Pythag · 03/11/2024 15:08

Unsurprisingly there is no human right to get private education free from VAT. Rightly, this is a political decision and one that we as a country voted for in a recent general election. Don’t like this? Vote differently next time round. This is how democracy is meant to work.

The entire point of Human Rights is to balance what the government would choose to do, potentially with the support of a majority of the population.

Otherwise it would simply be the county's own normal laws and their implementation through the normal judiciary.

I've always thought that the negatives - such as it costing the taxpayer £1.7 million in legal fees over 12 years to evict a terrorist hate preacher (Abu Qatada) - were the price we pay to ensure human rights for the innocent.

If in fact it only protects those who hate the UK or want to take advantage of it - and not our children - then it's not fit for purpose.

EverythingAllatOnceAllTheTime · 04/11/2024 06:11

strawberrybubblegum · 03/11/2024 22:25

Being permitted to educate your child the way you consider appropriate (at your own expense) rather than the government's choice is a human right for the child.

It's a negative right, rather than a positive one. Just like the right to family life.

So the government isn't required to provide you with a family, but may not prevent you from having one. Eg by having a policy for many years to oulaw marriage, and then later (when told that isn't legal) instead imposing a punitive tax on weddings which won't raise any money but will make marriage impossible for some people. (Some people of course already didn't choose to get married, or couldn't afford it).

Same for education.

It is breaching human rights. This is the point of human rights law, to prevent governments from doing harmful things to unpopular people deliberately to harm them/take away something they have a human right to - rather than proportionate harm in order to govern the country well (eg a tax actually raising money).

I expect human rights law to protect our own citizens as well, not only others. I won't continue to support it if it doesn't.

Edited

You stated this was a political decision and if people didn’t like it, they should vote differently in the next GE (this presupposes that parties keep their manifesto pledges but that’s an aside).

I simply responded to that before you revealed that you were a ‘lawyer’ for approx twenty years, in order to support your assertion that the ‘legal challenge will not succeed’.

Frankly, I struggle to take any of your points seriously.

SheilaFentiman · 04/11/2024 08:21

@EverythingAllatOnceAllTheTime it is Pythag not Strawberrybubblegum who has been a lawyer for 20 years.

strawberrybubblegum · 04/11/2024 08:39

Pythag · 03/11/2024 21:43

I haven’t lost an argument. I have no idea what your argument is: you said that democracies should have functioning legal systems, and of course I agree with that.

But my broader point is that pretending that this is somehow a human rights matter is absurd. This really gives human rights a bad name. Human rights are really for fundamental entitlements that all humans deserve, like free speech and a fair trial. Not like being able to go to a private school without paying VAT! Which is exactly why this should be a political matter decided as part of the political process.

As for litigation risk: there is already litigation. I consider the claim to be very weak indeed - I worked as a lawyer for two decades.

Thanks @SheilaFentiman

Think it was this post @EverythingAllatOnceAllTheTime intended to quote.

EverythingAllatOnceAllTheTime · 04/11/2024 08:53

SheilaFentiman · 04/11/2024 08:21

@EverythingAllatOnceAllTheTime it is Pythag not Strawberrybubblegum who has been a lawyer for 20 years.

Yep.

Araminta1003 · 04/11/2024 09:06

Is Pythag a litigation lawyer specialising in human rights? Even a tax lawyer with mainly transactional experience is not going to be fully relevant?

SheilaFentiman · 04/11/2024 09:15

IANAL and I consider the claim to be pretty weak, from familiarity with legal matters through work and from general interest reading.

Obviously a specialist in the area will have the most informed opinion, but others can also have informed opinions, based on general principles.

And there are people on the thread (presumably not human rights lawyers) who seem to feel very definitely that it is a breach of human rights. They too are stating a non expert opinion.

Araminta1003 · 04/11/2024 09:26

Tax lawyers do not want this case to succeed, that is a given.

SheilaFentiman · 04/11/2024 09:32

Araminta1003 · 04/11/2024 09:26

Tax lawyers do not want this case to succeed, that is a given.

What makes you say that?

EverythingAllatOnceAllTheTime · 04/11/2024 10:32

Araminta1003 · 04/11/2024 09:06

Is Pythag a litigation lawyer specialising in human rights? Even a tax lawyer with mainly transactional experience is not going to be fully relevant?

Probably in conveyancing.

Akin to the high street bank cashier calling themselves a banker….

SheilaFentiman · 04/11/2024 12:50

Snooty, much?!

KoalaCalledKevin · 04/11/2024 12:54

Probably in conveyancing.

Akin to the high street bank cashier calling themselves a banker

But you've just made that up. You may as well say "probably lying and not a lawyer at all". That would be equally pointless. And also impossible for the poster to prove or disprove anyway.

EverythingAllatOnceAllTheTime · 04/11/2024 13:01

SheilaFentiman · 04/11/2024 12:50

Snooty, much?!

Just accurate.

Why pretend - if not in an attempt to boost your credentials, and therefore your argument.

SheilaFentiman · 04/11/2024 13:11

EverythingAllatOnceAllTheTime · 04/11/2024 13:01

Just accurate.

Why pretend - if not in an attempt to boost your credentials, and therefore your argument.

You have made something up based on nothing and you are now berating Pythag for “pretending”?

Is this performance art??

EverythingAllatOnceAllTheTime · 04/11/2024 13:33

SheilaFentiman · 04/11/2024 13:11

You have made something up based on nothing and you are now berating Pythag for “pretending”?

Is this performance art??

What?

Is this parody???

Araminta1003 · 04/11/2024 13:44

https://educationhub.blog.gov.uk/2024/11/01/vat-private-schools-everything-you-need-to-know/

How will this affect pupils with SEND?
How VAT affects private school fees for children with special educational needs and disabilities (SEND) depends on whether they have a local authority funded Education, Health and Care Plan (EHCP) and what it advises.
Where Local Authorities fund pupils’ places in private schools (for instance, because the school is named in the pupil’s Education, Health and Care Plan), Local Authorities will be able to reclaim the VAT they are charged on these pupils’ fees.
However, where parents and guardians choose to send their child with SEND to a private school, VAT will be applied to their fees.
This applies where they have an EHCP, but the local authority has decided that a private school place is not necessary to meet their needs.
We are committed to making sure high-quality education is available for every child and will make sure there is earlier intervention in mainstream schools so that children with less complex needs can get the help they need.

“We’re not expecting these changes to have a significant effect on bursaries across the private school sector in general.”

“Evidence from the IFS shows that raising VAT on private schools will have limited impact on the state school sector.
Over the last few years, the number of pupils enrolled at independent schools has remained largely the same, even when fees have increased by more than inflation.
Because of this, we expect that around 35,000 pupils – less than 0.5% of the pupil population – across the UK will change schools to a state school from private schools.”

Araminta1003 · 04/11/2024 13:46

And here the truth from a professional body to counter the marketing from Central Government:

“Plans to introduce VAT on private school fees during the current academic year will lead to complications for schools and HMRC, potentially affecting compliance, chartered accountancy body ICAEW has warned.
In a representation to government, the Institute recommended a delay to 1 August 2025, and cautioned that many independent schools will need to register for VAT by 1 January 2025. This will place unnecessary strain on HMRC and fail to give schools enough time to seek professional advice regarding their registration.”

https://www.icaew.com/about-icaew/news/2024-news-releases/icaew-recommends-delay-to-vat-on-private-schools-september-2024

Note the unnecessary STRAIN ON HMRC!

Araminta1003 · 04/11/2024 13:49

Would it not be funny if HMRC went on strike?

SheilaFentiman · 04/11/2024 14:03

EverythingAllatOnceAllTheTime · 04/11/2024 13:33

What?

Is this parody???

Ok, this is getting pretty weird.

I will leave it there as far as addressing your posts is concerned.

EverythingAllatOnceAllTheTime · 04/11/2024 14:04

SheilaFentiman · 04/11/2024 14:03

Ok, this is getting pretty weird.

I will leave it there as far as addressing your posts is concerned.

I will hold you to that.

SheilaFentiman · 04/11/2024 15:31

Araminta1003 · 04/11/2024 13:49

Would it not be funny if HMRC went on strike?

Do civil servants go on strike department by department, or is it more a union by union thing?

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