In Kang & Mand Limited v HMRC [2020] TC07945, the First Tier Tribunal (FTT) upheld HMRC’s assessment of overclaimed input tax following VAT being incorrectly charged on an exempt supply.

Schedule 9, Group 1 of VATA 1994 specifies that subject to exceptions, Supplies of land and buildings are exempt from VAT. In this case, the sale of a building comprised of dwellings which are not new builds is an exempt supply. 

Comment

This case serves as a reminder that where VAT is incorrectly charged, it is not recoverable as input tax. Transactions concerning land usually involve significant numbers: VAT errors can be costly and administratively difficult to resolve. A further consequence of the incorrect VAT charge, in this case, was Stamp Duty Land Tax (SDLT) being overpaid by £3,150.

Useful guides on this topic

Land & Property VAT
An outline of the VAT treatment of some of the more common supplies of land and property. 

Land & Property: Dwellings
What is a dwelling for VAT purposes? What is the VAT treatment for construction, conversion, sale, and letting of a dwelling?

Land & Property: Non-residential
This guide considers the VAT treatment of the supply of non-residential property.

Appeals: VAT
The process of making a VAT appeal largely follows that of direct taxes, however, there are some differences.

External link

Kang & Mand Limited v HMRC [2020] TC07945