Skip to main content

THE RIGHT FUNDING WHEN YOUR BUSINESS NEEDS IT

Click here to find out more

HMRC Investigation - Brabners VAT on disbursements case

On 31 May 2018 the Law Society published interim guidance on the treatment of the Brabners First Tier Tribunal case on the VAT treatment of electronic property searches.

The interim Law Society guidance is in line with that already produced in our guidance notes and blogs last updated in our Q and A blog of 11 October 2017. We advise that all the guidance in our blogs still applies:

Disbursements VAT case for law firms – Frequently Asked Questions

Disbursements VAT case ruling goes against Law Firm

As a reminder:

  • The safest way to deal with this issue is to apply the HMRC conditions to any item that you are considering treating as a disbursement. These conditions are detailed in our blogs along with specific examples
  • HMRC have accepted that postal searches may continue to be treated as disbursements by concession but have indicated that they will be reviewing this concession
  • The Law Society requests that you contact them if you receive an approach from HMRC on this subject Disbursements@lawsociety.org.uk. As noted below it would also serve you well to contact us for assistance
  • HMRC have started to challenge law firms on this issue and are now raising assessments
  • Armstrong Watson is well placed to assist law firms in this confusing area, and especially in the event of an HMRC inspection.

Our success in defending a Law Firm as a result of the Brabner’s case

We are now starting to see HMRC actively targeting this area on inspections. Only last week we were able to intervene at an early stage in a particular case by providing sound advice to a law firm that has resulted in a positive outcome.

HMRC raised an assessment to the law firm for over £30,000 in respect of their view of the impact of the Brabner’s case on the particular firm. Our check of the basis of the assessment revealed that there was a major flaw in HMRC’s calculation of the assessment.

The letter from HMRC confirming the assessment had sought agreement to their figures but before agreeing to anything the firm correctly sought our advice. Although not finalised yet we expect to have the assessment reduced by about half.

A great outcome for the firm, but an indication of risk to others.

Subscribe to
The Law

The LAW is our online newsletter for the legal profession, produced by our legal sector team. It provides a platform to share our experience of supporting lawyers across the UK.

Subscribe

Recent news stories

Child sitting on an adult’s shoulders at a colourful amusement park with spinning rides in the background.

4th June 2026

How can businesses prepare for the summer VAT cut?

The Sunday Times Best Places to Work 2026 Big Organisation award logo

21st May 2026

Armstrong Watson named in Sunday Times’ Best Places to Work for second year in a row

Small business owner in shop with “Now we are open” sign, representing a newly incorporated limited company.

21st May 2026

Incorporating a limited company: benefits, tax advantages and director responsibilities

Armstrong Watson can help

Whether you need expert accounting, strategic business advisory, tax planning, or financial guidance, our experienced team is here to support your success. From sole traders to large enterprises, we provide tailored solutions to help you navigate complex financial challenges and achieve your goals. Get in touch today to discover how we can help your business thrive – call 0808 144 5575.

Contact the team