Can businesses recover VAT without holding valid invoices? A recent High Court judgment in Hotelbeds UK Ltd v HMRC [2025] EWHC 2312 has confirmed that, in some cases, the answer is yes.
This landmark ruling reshapes the rules of input VAT recovery, clarifying that HMRC cannot automatically refuse claims where invoices are missing, so long as alternative evidence is robust. For businesses facing similar challenges. This decision reshapes the landscape of input VAT recovery and offers new avenues for businesses to challenge HMRC refusals.
Background: The Hotelbeds VAT Dispute
Hotelbeds, a global “bed-bank” supplying hotel accommodation, faced a common VAT challenge: paying hotels via virtual credit cards often meant no valid VAT invoices were issued.
To recover the VAT, Hotelbeds submitted four Error Correction Notices (ECNs):
- ECN 1 & 2: Accepted by HMRC, despite missing invoices.
- ECN 3 & 4: Refused by HMRC, who argued Hotelbeds had “systematically failed” to obtain invoices.
Hotelbeds challenged the refusals, arguing HMRC misapplied its own guidance and acted irrationally by treating the absence of invoices as an automatic bar to recovery.
The Legal Issues
The case centred on four key questions:
- Discretion under Regulation 29 – Can HMRC allow VAT recovery without invoices if alternative evidence exists?
- Consistency of HMRC guidance – Must HMRC follow VAT Notice 700 and its own manuals fairly and consistently?
- Rationality of decisions – Was it unreasonable to accept earlier claims (ECNs 1 & 2) but refuse later ones?
- EU principles of effectiveness – For pre-Brexit periods, was HMRC blocking recovery in a way that undermined EU law?
The High Court’s Decision
The court found decisively in Hotelbeds’ favour:
- HMRC misapplied its guidance. Guidance cannot override Regulation 29 discretion, which requires case-by-case evaluation of evidence.
- Discretion is real, not rigid. Non-possession of an invoice is not fatal if alternative proof is reliable.
- “Systematic failure” misread. The court ruled that “systematic” means a structural problem, not repeated missing invoices.
- Unreasonable refusal. HMRC’s acceptance of earlier ECNs but rejection of later ones was irrational and inconsistent.
Why This Case Matters
This ruling is a game-changer for VAT reclaim in the UK:
- VAT recovery possible without invoices. Strong alternative evidence (e.g. contracts, bank statements, supplier communications) must be considered.
- HMRC bound by fairness. Authorities must apply their guidance consistently unless they have a good reason to depart.
- Encouragement for businesses. Companies in travel, hospitality, events, and digital sectors can use this case to challenge unjust refusals.
- Judicial review as a tool. Though rare in tax disputes, this case shows judicial review can succeed where HMRC acts irrationally.
Practical Takeaways for Businesses
- Keep robust alternative evidence. Payment records, contracts, reconciliations, and supplier communications are crucial.
- Document your efforts. Show attempts to obtain invoices, email chases, call logs, escalation steps.
- Review past refusals. If claims were rejected due to missing invoices, this ruling may open the door to revisit them.
- Be prepared to challenge HMRC. Judicial review remains a last resort, but this case proves it can work.
- Adapt business models. Hotelbeds moved to the Tour Operators’ Margin Scheme (TOMS) to reduce exposure, others should evaluate similar structural solutions.
Conclusion
The Hotelbeds v HMRC ruling is a landmark in UK VAT law. It clarifies that input VAT recovery is not automatically blocked by missing invoices and reinforces the importance of fairness, discretion, and consistency in HMRC decision-making.
For businesses struggling with VAT recovery due to incomplete paperwork, this case is a turning point. With the right evidence and expert support, reclaiming VAT without invoices is now firmly on the table.
FAQs
Can I reclaim VAT without a VAT invoice?
Yes. The High Court confirmed businesses may reclaim VAT without an invoice if they provide reliable alternative evidence under Regulation 29.
What counts as alternative evidence?
Examples include contracts, proof of payment, supplier confirmations, reconciliations, and booking records.
Does this apply to all businesses?
The principle is broad but especially relevant for sectors like hospitality, travel, and digital platforms where invoices are harder to obtain.
Will HMRC change its approach?
Likely. The ruling limits HMRC’s ability to reject claims solely for missing invoices, pushing them to apply discretion more fairly.
