Judges reject HMRC appeal and rule firm’s marshmallows are not sweets

‘Roasting a marshmallow gives rise to a physical change in the product, caramelising the outer skin and making the interior molten,’ the judges said. Photograph: Tetra Images/Alamy

A food company has won a sweet-tasting victory against the UK tax authorities after a court decided that it did not have to pay VAT on its marshmallows because they were not confectionery.

HMRC’s appeal against a 2022 decision by the first tier tribunal (FTT) that Innovative Bites Ltd did not have to pay a £472,928 demand for sales tax on its “Mega Marshmallows” was unsuccessful because they were “sold and purchased as a product specifically for roasting”, the judges decided.