UK retailer Marks and Spencer has triumphed in its long-running legal battle over whether VAT should be levied on its teacakes.

Discover B2B Marketing That Performs

Combine business intelligence and editorial excellence to reach engaged professionals across 36 leading media platforms.

Find out more


M&S has been embroiled with HM Revenue & Customs over the tax status of its teacakes for over a decade.


Under UK tax rules, cakes are categorised as being exempt from VAT, while chocolate-coated biscuits are not, as they are deemed a luxury item.


In 1994, the retailer won approval for its central argument that teacakes were indeed cakes but has been fighting ever since for a full refund.


M&S finally triumphed in its dispute with HM Revenue & Customs on Wednesday (4 February) after the House of Lords backed an EU ruling last year that the retailer is entitled to a full rebate.

GlobalData Strategic Intelligence

US Tariffs are shifting - will you react or anticipate?

Don’t let policy changes catch you off guard. Stay proactive with real-time data and expert analysis.

By GlobalData

An M&S spokesman told just-food that the tax refund stood at GBP3.5m (US$5.2m) and added: “After 13 years of litigation, we’re pleased this matter has finally concluded.”

Just Food Excellence Awards - Nominations Closed

Nominations are now closed for the Just Food Excellence Awards. A big thanks to all the organisations that entered – your response has been outstanding, showcasing exceptional innovation, leadership, and impact.

Excellence in Action
Winning five categories in the 2025 Just Food Excellence Awards, Centric Software is setting the pace for digital transformation in food and FMCG. Explore how its integrated PLM and PXM suite delivers faster launches, smarter compliance and data-driven growth for complex, multi-channel product portfolios.

Discover the Impact