Pringles lose Appeal Court case

Started by Square Ball, May 20, 2009, 05:59:15 PM

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Square Ball

Well I always thought it was a crisp!

Procter & Gamble will be forced to pay tens of millions of pounds in VAT after losing a legal battle with the taxman over its Pringles snack.

The Court of Appeal ruled in favour of the Revenue, which has long maintained that Pringles constitute a potato snack and are, therefore, liable for VAT.

A High Court judge ruled last summer that the snack was exempt from the tax.

Foods are usually exempt from VAT, but one of the few exceptions is the humble potato crisp.

'Reasonable view'

A High Court judge ruled last July that Pringles' packaging, "unnatural shape" and the fact that the potato content is less than 50% meant the snack was exempt form VAT.

The Appeal Court judges disagreed.

"There is more than enough potato content for it to be a reasonable view that it is made from potato," said Lord Justice Jacob.

Potatoes make up 42% of the Pringles' ingredients.

He added that the lawyer acting for the Revenue advised him the VAT due on the sale of Pringles was "as much as £100m of tax for the past and about £20m a year for the future."

But a spokesperson for Procter & Gamble said the company had been paying VAT on the snack pending the appeal process, and so was not liable for any back taxes.

Unnatural

While praising the "simplicity and common sense" of the judges, Toby O'Reilly, director in indirect tax at Ernst & Young, said an opportunity had been missed to provide "coherent guidance" on which snacks are, and which are not, subject to VAT.

At last year's High Court hearing, Procter & Gamble insisted that their best-selling product was not similar to potato crisps, because of their "mouth melt" taste, "uniform colour" and "regular shape" which "is not found in nature".

It also argued that potato crisps - unlike Pringles - did not contain non-potato flours, and were not packaged in tubes.

Pringles are more like a cake or a biscuit, it claimed, because they are manufactured from dough.



Hospitals are not equipped to treat stupid

longball

Having to pay back £100M in tax  :o surly they will pop!
Spotted any unladylike behaviour report within:
http://gaaboard.com/board/index.php?topic=13209.0

Puckoon

Don't proctor and gamble make things like soap?

Square Ball

Quote from: Puckoon on May 21, 2009, 09:28:52 PM
Don't proctor and gamble make things like soap?

Mild green fairy liquid?
Hospitals are not equipped to treat stupid

fred the red


Doogie Browser

Quote from: fred the red on May 21, 2009, 10:41:08 PM
Quote from: Puckoon on May 21, 2009, 09:28:52 PM
Don't proctor and gamble make things like soap?
yea.
Like a lot of large comapnies in the 90's they diversified into the food market, Unilver are the same they own several brands in health and personal care as well as the food industry.

Tony Baloney

P&G are huge and pretty much everyone on this board will have something of theirs in the house. I don't think the tax on Pringles will put them under!

Orior

I once went into a shop and asked for a packet of helicopter flavour crisps.

The lady behind the counter said they didnt have any.

So I asked for plain flavour instead.
Cover me in chocolate and feed me to the lesbians

David McKeown

I read this case when it was decided last year and from memory Pringles had been paying tax until that point and the judge ordered the revenue to repay them millions in misclaimed taxes.

Its a bit like the infamous Jaffa cake case
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supersub

Quote from: David McKeown on May 22, 2009, 12:09:23 AM
I read this case when it was decided last year and from memory Pringles had been paying tax until that point and the judge ordered the revenue to repay them millions in misclaimed taxes.

Its a bit like the infamous Jaffa cake case

na it totally 'eclipses' that now   ;D

D4S

Once you pop..........youuuuuuuuuuuuuuuuuuuuuuu can't stop!!! ;D

Sorry I just had to!
The secret of success in life is for a man to be ready for his opportunity when it comes.

Eoghan Mag

Pringles is a heap of muck anyway. Give me a bag of Taytos anyday!