However, HMRC advised in a Revenue and Customs brief issued on September 21 that it will only pay refunds of VAT in respect of insurance introductory services and not introductory services relating to other financial contracts, even in instances were the facts are very similar to the Insurancewide/Trader Media Group case.

Last May, the High Court found that Insurancewide and Trader Media Group’s (TMG) supplies of online introductory services were exempt from VAT. The facts in each case are slightly different; Insurancewide is a comparison website providing "click thru" services to insurer or broker websites, whereas TMG provides "click thru" services from its Auto Trader car auction site to a third party co-branded broker website. Both are paid commission on successful take-up.

At tribunal, Insurancewide lost its appeal as it was found not to be acting as insurance agent at any time, and appealed to the High Court. TMG, however, won its appeal as the tribunal found that its services constituted insurance intermediary services; HMRC appealed the decision to the High Court. Given the similarities in the two cases, the High Court agreed to hear the appeals jointly.

The High Court found that Insurancewide and TMG were insurance intermediaries for the purposes of the VAT exemption, and that an act of introduction with no further involvement in the intermediation of the contract of insurance qualified for exemption as an insurance-related service.

HMRC is of the view that the commissions paid to Insurancewide and TMG are not exempt on the basis that there is not a significant difference between the services they provide and advertising services. Income from the sale of advertising in the UK is usually a "standard-rated" business activity and therefore liable to VAT at the standard rate, currently 15%.