Morrisons, one of the United Kingdom’s largest supermarket chains, is facing a significant financial setback after losing a legal battle concerning the taxation of its rotisserie chickens. The High Court has ruled that whole cooked cool-down chickens sold by the retailer are subject to the standard 20% Value Added Tax (VAT) rate applicable to hot food, rather than the zero rate that the company had argued should apply.
The ruling, which could result in a tax bill of approximately £17 million for Morrisons, stems from a dispute with Her Majesty’s Revenue and Customs (HMRC) regarding the classification of these food items. The case has been closely watched within the retail sector, as it highlights the complexities of VAT regulations and their implications for food retailers.
Morrisons had contended that its rotisserie chickens, which are typically sold hot and then allowed to cool down before being purchased by customers, should be exempt from VAT. The supermarket argued that the cooling process did not alter the nature of the product, which is intended for immediate consumption. However, HMRC maintained that once the chickens are no longer hot, they fall under the standard VAT rules for cold food items, which are subject to the full tax rate.
The High Court’s decision is significant not only for Morrisons but also for the broader retail industry, as it sets a precedent for how similar food items may be taxed in the future. The ruling could lead to increased scrutiny of other food products sold by supermarkets, particularly those that are prepared and sold in a manner that blurs the lines between hot and cold food classifications.
The implications of this ruling extend beyond the immediate financial impact on Morrisons. The supermarket chain, which has been navigating a challenging retail environment exacerbated by rising inflation and changing consumer habits, may need to reassess its pricing strategies and cost structures in light of the additional tax burden. This could potentially lead to higher prices for consumers or reduced profit margins for the retailer.
Morrisons has been a prominent player in the UK grocery market, known for its commitment to fresh food and competitive pricing. The company has faced various challenges in recent years, including increased competition from discount retailers and the impact of the COVID-19 pandemic on shopping behaviors. The loss in this VAT case adds another layer of complexity to its operational landscape.
The ruling also raises questions about the consistency of VAT application across the food retail sector. Other retailers may now be prompted to review their own practices regarding the sale of cooked food items to ensure compliance with HMRC regulations. This could lead to a ripple effect throughout the industry, as businesses reassess their tax liabilities and pricing strategies.
The case has garnered attention not only for its financial implications but also for its potential impact on consumer behavior. As supermarkets grapple with rising costs and the need to maintain competitive pricing, consumers may see changes in the availability and pricing of certain food items, particularly those that are prepared and sold in-store.
The timeline of the case dates back several years, with Morrisons initially contesting HMRC’s position on the VAT treatment of its rotisserie chickens. The legal proceedings have involved multiple hearings and extensive legal arguments, culminating in the recent High Court ruling. The decision underscores the ongoing complexities of tax law as it pertains to the food industry, particularly in a market that is constantly evolving.
In conclusion, the High Court’s ruling against Morrisons regarding the VAT treatment of rotisserie chickens represents a significant development in the retail sector. The £17 million tax bill not only poses a financial challenge for the supermarket chain but also raises broader questions about VAT application and compliance across the industry. As retailers navigate this new landscape, the implications of this ruling will likely be felt throughout the grocery market in the UK.


