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Morrisons Loses VAT Case on Rotisserie Chickens, Leaving £17m Liability

The tribunal found heat‑retaining bags, with two‑hour removal from sale, meant the birds were sold as hot food.

Overview

  • The First‑tier Tribunal ruled that whole cooked cool‑down chickens are subject to the standard 20% VAT rate as hot food.
  • The decision covers sales from January 2017 to July 2020, creating a reported £17m VAT bill for the supermarket.
  • Judges cited foil‑lined bags labeled “Caution: Hot Product” and evidence that bagged chickens stayed at roughly 42–45C after two hours versus 31.8C if left to cool naturally.
  • Morrisons argued most buyers eat the chicken cold or later and warned VAT would lift the price from about £4.40 to £5.28, potentially cutting sales for lower‑income customers.
  • The ruling rejected claims of clear HMRC guidance guaranteeing zero‑rating, and experts say any appeal would need to show an error of law, with pricing or margin responses still unclear.