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Subway bread isn鈥檛 bread, Irish court says

Bookfinders was appealing a 2006 decision by authorities who refused to refund value-added tax payments
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FILE - In this Friday, Feb. 23, 2018 file photo, the Subway logo is seen on a soft drink cup next to a sandwich at a restaurant in Londonderry, N.H.. Ireland鈥檚 Supreme Court has ruled that bread sold by the fast food chain Subway contains so much sugar that it cannot be legally defined as bread. (AP Photo/Charles Krupa, File)

Ireland鈥檚 Supreme Court has ruled that bread sold by the fast food chain Subway contains so much sugar that it cannot be legally defined as bread.

The ruling came in a tax dispute brought by Bookfinders Ltd., an Irish Subway franchisee, which argued that some of its takeaway products - including teas, coffees and heated sandwiches - were not liable for value-added tax.

A panel of judges rejected the appeal Tuesday, ruling that the bread sold by Subway contains too much sugar to be categorized as a 鈥渟taple food,鈥 which is not taxed.

鈥淭here is no dispute that the bread supplied by Subway in its heated sandwiches has a sugar content of 10% of the weight of the flour included in the dough, and thus exceeds the 2% specified,鈥 the judgement read.

The law makes a distinction between 鈥渂read as a staple food鈥 and other baked goods 鈥渨hich are, or approach, confectionery or fancy baked goods,鈥 the judgement said.

Bookfinders was appealing a 2006 decision by authorities who refused to refund value-added tax payments. Lower courts had dismissed the case before it reached the Supreme Court.

The Associated Press

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