The Lord Justice Hath Ruled: Pringles Are Potato Chips
By ADAM COHEN
NYT
Britain’s Supreme Court of Judicature has answered a question that has long puzzled late-night dorm-room snackers: What, exactly, is a Pringle? With citations ranging from Baroness Hale of Richmond to Oliver Wendell Holmes, Lord Justice Robin Jacob concluded that, legally, it is a potato chip.
The decision is bad news for Procter & Gamble U.K., which now owes $160 million in taxes. It is good news for Her Majesty’s Revenue and Customs — and for fans of no-nonsense legal opinions. It is also a reminder, as conservatives begin attacking Judge Sonia Sotomayor for not being a “strict constructionist,” of the pointlessness of labels like that.
In Britain, most foods are exempt from the value-added tax, but potato chips — known as crisps — and “similar products made from the potato, or from potato flour,” are taxable. Procter & Gamble, in what could be considered a plea for strict construction, argued that Pringles — which are about 40 percent potato flour, but also contain corn, rice and wheat — should not be considered potato chips or “similar products.” Rather, they are “savory snacks.”
The VAT and Duties Tribunal disagreed, ruling that Pringles — which have been marketed in the United States as “potato chips” — are taxable. “There are other ingredients,” the tribunal said, but a Pringle is “made from potato flour in the sense that one cannot say that it is not made from potato flour, and the proportion of potato flour is significant being over 40 percent.”
(More here.)
NYT
Britain’s Supreme Court of Judicature has answered a question that has long puzzled late-night dorm-room snackers: What, exactly, is a Pringle? With citations ranging from Baroness Hale of Richmond to Oliver Wendell Holmes, Lord Justice Robin Jacob concluded that, legally, it is a potato chip.
The decision is bad news for Procter & Gamble U.K., which now owes $160 million in taxes. It is good news for Her Majesty’s Revenue and Customs — and for fans of no-nonsense legal opinions. It is also a reminder, as conservatives begin attacking Judge Sonia Sotomayor for not being a “strict constructionist,” of the pointlessness of labels like that.
In Britain, most foods are exempt from the value-added tax, but potato chips — known as crisps — and “similar products made from the potato, or from potato flour,” are taxable. Procter & Gamble, in what could be considered a plea for strict construction, argued that Pringles — which are about 40 percent potato flour, but also contain corn, rice and wheat — should not be considered potato chips or “similar products.” Rather, they are “savory snacks.”
The VAT and Duties Tribunal disagreed, ruling that Pringles — which have been marketed in the United States as “potato chips” — are taxable. “There are other ingredients,” the tribunal said, but a Pringle is “made from potato flour in the sense that one cannot say that it is not made from potato flour, and the proportion of potato flour is significant being over 40 percent.”
(More here.)
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1 Comments:
Yes, next up will be a discussion for the Supreme Court ... maybe not the US Supreme Court but Minnesota Supreme Court and this is bad news for Twix and Kit-Kat.
That's the question : is a Kit-Kat a "wafer cookie covered in chocolate" or candy ? The MN Department of Revenue has ruled that Twix and Kit-Kat are "cookies" ... thus food ... thus tax exempt.
Now the question is will King Tim see an opportunity to generate some tax revenues by asking the MNSC to consider the UK "chip" ruling and overturn the MN Dept. of Revenue ruling ?
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