Question to the HM Treasury:

To ask Her Majesty's Government whether the direct refund mechanism, provided for in section 41(3) of the VAT Act 1994, applies to wholly owned companies of NHS Trusts and Foundation Trusts which provide services to the NHS Trust or Foundation Trust that owns them.

The VAT refund mechanism provided in section 41(3) of the VAT Act 1994 applies to government departments and NHS authorities when they are acting in their legal capacity as a functionary of the Crown. Wholly owned companies of NHS Trusts and Foundation Trusts are not eligible to receive such refunds.