VATSC03324 - Identifying a supply: Supplies of goods for no consideration: Business gifts: Inducements
Gifts must not be confused with supplies made for a non-monetary consideration for example inducements, where the donor is entitled to something in return which forms consideration for the 鈥済ift鈥 and makes the supply on that basis.
Two tribunals illustrate where so called 鈥渂usiness gifts鈥 should be treated as inducements, that is when the 鈥済ifts鈥 are given in expectation of some valuable return.
In Mitrolone Ltd (LON/88/1335X) the trader induced potential customers to attend a sales presentation by offering 鈥済ifts鈥 to anyone qualifying who attended. The tribunal agreed with our view that the goods were not freely given business gifts, but supplied in the course of business for non-monetary consideration that is the customer鈥檚 attendance at the presentation, which was central to the trader鈥檚 business and hence valuable consideration.
In Granada Group plc (LON/87/250Z and LON/88/137Z) the trader offered 鈥渇ree鈥 meals to drivers of coaches carrying passengers as an inducement to bring potential customers to the facilities. The meals were not given to drivers of empty coaches. The tribunal found a direct link between the act of bringing passengers to the service area and the provision of the free meal. (See VATSC05100 for information on direct link).