Innovative Bites Ltd wins case brought by UK tax authority after its ‘mega’ product deemed to be an ‘ingredient’

A food company has won a sweet-tasting victory against the UK tax authorities after a court decided that it did not have to pay VAT on its marshmallows because they were not confectionery.

HMRC’s appeal against a 2022 decision by the first tier tribunal (FTT) that Innovative Bites Ltd did not have to pay a £472,928 demand for sales tax on its “Mega Marshmallows” was unsuccessful because they were “sold and purchased as a product specifically for roasting”, the judges decided.

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