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When has opinion ever been so divided?


DarkFruitsRam7

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24 minutes ago, CHCDerby said:

I've mellowed a lot from Wednesday night.

My blood is black and white, I forgive and forget and want to be with my 26000+ thousand mates tomorrow. 

See you all at approx 2.30pm. 

Hi unlikely.

If your blood is indeed black and white, there is no chance of you making 2:30pm today, never mind tomorrow.

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Legally, Jaffa Cakes are cakes and are taxed as such.

All that matters to me. When the court's decide that they're biscuits I'll agree with the other side. Until then, they may as well be stating that cupcakes are biscuits.

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The significance of the borderline between cakes and biscuits is that a cake is zero-rated even if it is covered in chocolate, whereas a biscuit is standard-rated if wholly or partly covered in chocolate or some product similar in taste and appearance. As set out in the paragraphs above, there is no generally accepted definition of either cake or biscuit, but the distinction is usually clear in practice.

The leading case on the borderline is that concerning Jaffa cakes: United Biscuits (LON/91/0160). Customs and Excise had accepted since the start of VAT that Jaffa cakes were zero-rated as cakes, but always had misgivings about whether this was correct. Following a review, the department reversed its view of the liability. Jaffa cakes were then ruled to be biscuits partly covered in chocolate and standard-rated: United Biscuits (as McVities, one of the largest manufacturers of Jaffa cakes) appealed against this decision. The Tribunal listed the factors it considered in coming to a decision as follows.

The product’s name was a minor consideration.

Ingredients: Cake can be made of widely differing ingredients, but Jaffa cakes were made of an egg, flour, and sugar mixture which was aerated on cooking and was the same as a traditional sponge cake. It was a thin batter rather than the thicker dough expected for a biscuit texture.

Cake would be expected to be soft and friable; biscuit would be expected to be crisp and able to be snapped. Jaffa cakes had the texture of sponge cake.

Size: Jaffa cakes were in size more like biscuits than cakes.

Packaging: Jaffa cakes were sold in packages more similar to biscuits than cakes.

Marketing: Jaffa cakes were generally displayed for sale with biscuits rather than cakes.

On going stale, a Jaffa cake goes hard like a cake rather than soft like a biscuit.

Jaffa cakes are presented as a snack, eaten with the fingers, whereas a cake may be more often expected to be eaten with a fork. They also appeal to children, who could eat one in a few mouthfuls rather like a sweet.

The sponge part of a Jaffa cake is a substantial part of the product in terms of bulk and texture when eaten. Taking all these factors into account, Jaffa cakes had characteristics of both cakes and biscuits, but the tribunal thought they had enough characteristics of cakes to be accepted as such, and they were therefore zero-rated.

HMRC

 

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hi all

Surely something is only a biscuit if it can successfully be dunked?

Even a choc digestive can be dunked, but a Jaffa Cake probably not (never tried however, I might be wrong).

However, Marcel Proust would of course disagree, having apparently met with such success when dunking a small cake that he apparently felt compelled to write a number of very long books...

LR2

 

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3 hours ago, SaintRam said:

Legally, Jaffa Cakes are cakes and are taxed as such.

All that matters to me. When the court's decide that they're biscuits I'll agree with the other side. Until then, they may as well be stating that cupcakes are biscuits.

 

31 minutes ago, uttoxram75 said:

Legally it’s a cake.

Technically it’s a cake

 

26 minutes ago, DarkFruitsRam7 said:

I genuinely cannot fathom how anyone can claim they're biscuits.

What about a fig roll?

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31 minutes ago, cheron85 said:

 

 

What about a fig roll?

I've not done the same research into fig rolls as I have a jaffa cake; but I'll sit based on what the people who make it claim it to be and what it's taxed as. 
My problem about the "biscuit or cake?" stuff is that it isn't about opinions - they're two distinct categories that something is either in or isn't. It's objective and verifiable. 

I don't even know what the texture of a fig roll is; I've never had one. I'm not sure I've ever even see one.

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3 minutes ago, SaintRam said:

I've not done the same research into fig rolls as I have a jaffa cake; but I'll sit based on what the people who make it claim it to be and what it's taxed as. 
My problem about the "biscuit or cake?" stuff is that it isn't about opinions - they're two distinct categories that something is either in or isn't. It's objective and verifiable. 

I don't even know what the texture of a fig roll is; I've never had one. I'm not sure I've ever even see one.

Yeh, I don't like them (or in fact care) but thought it would wind @DarkFruitsRam7 up ? 

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17 minutes ago, cheron85 said:

Yeh, I don't like them (or in fact care) but thought it would wind @DarkFruitsRam7 up ? 

I sometimes amaze myself by how much effort I can put into a discussion about something I care so little about. I've never seen a Fig Roll; I've never eaten a Jaffa Cake! ? 

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