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  • 7/1/2025
Marks & Spencer face potential legal challenge from HMRC over viral strawberry sandwich

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00:00Marks & Spencers is facing a potential legal challenge from HMRC over a viral strawberry
00:05sandwich. The sandwich consists of fresh fruit and cream between two slices of sweetened white bread
00:10and is retailing for £2.80. The sandwich has gone viral but one financial expert has suggested it
00:16could land the retailer in some hot water with the tax man. HW Fisher's VAT manager Simon Nivett
00:22said such a sandwich could be subject to a 1980s legislative amendment, meaning Marks would have
00:26to pay an additional VAT on it if it's classified as confectionary. Sandwiches however typically
00:31achieve a zero rated tax status through being served cold. So is the strawberry sandwich a
00:36well-meaning attempt to import a favourite or a neatly packaged attempt at tax efficiency?

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