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M&S Challenged by HMRC Over VAT on Viral Strawberry & Creme Sandwich

Tax authorities contend the treat’s sweetened bread qualifies as confectionery subject to a 20% levy

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Overview

  • The £2.80 Red Diamond Strawberry & Creme Sandwich launched on June 25 and sold out nationwide within days of its Wimbledon-season debut.
  • Inspired by Japanese sweet sandos, the dessert pairs fresh strawberries and light whipped crème cheese on soft sweetened bread.
  • HMRC raised a formal dispute on June 30, arguing that finger-held sweets should be taxed at the standard VAT rate rather than zero-rated as a cold sandwich.
  • Tax specialists warn the case could echo past battles like the 1991 Jaffa Cake ruling and may ultimately be settled in court.
  • Marks & Spencer has not clarified whether the listed price includes VAT, leaving potential impacts on margins and consumer costs unresolved.