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VAT Cases & News

Summaries of interesting VAT cases for the SME owner.

Hire of wedding room not exempt supply

Last Updated: 26 May 2017

In Blue Chip Hotels Limited v HMRC [2017] UKUT 0204 the Upper Tribunal (UT) found that hiring out a hotel room for wedding ceremonies was not an exempt supply of land for VAT purposes.

Read more …

Recording studio was a business not a hobby

Last Updated: 26 May 2017

In Gravel Road Records Ltd v HMRC [2017] UKFTT 080 the First-Tier Tribunal (FTT) concluded that VAT incurred on construction of a recording studio was recoverable as it related to a commercial business activity not a hobby.

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Hardship application upheld by Upper Tribunal

Last Updated: 26 May 2017

In HMRC v Elbrook (Cash & Carry) Limited [2017] UKUT 0181 the Upper Tribunal (UT) allowed a VAT hardship application even though the taxpayer had a number of valuable investments.

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When the grant of a lease is a VAT TOGC

Last Updated: 24 May 2017

In Deezer Limited v HMRC [2017] TC05691 the First-tier Tribunal (FTT) found that taking out a lease on premises amounted to a TOGC for the pruposes of compulsory VAT registration under s49 VATA 1994.

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Compulsory VAT registration on grant of lease

Last Updated: 24 May 2017

In Mark Young T/A The St Helens v HMRC [2012] TC02371 the First-tier Tribunal (FTT) found that the grant of a lease over a restaurant was a transfer of a going concern for VAT purposes, as a result the purchaser was required to be VAT registered.

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VAT underassessment: overpayment is not notfication

Last Updated: 25 May 2017

In Silvergate Support Services Limited v HMRC [2017] TC05854 the First-Tier Tribunal (FTT) did not accept that payment of VAT to HMRC's bank account constituted a notification of an underassessment.

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Holiday let electricity not a separate supply

Last Updated: 16 May 2017

In Colaingrove Limited v HMRC [2017] EWCA Civ 332 the Court of Appeal held that the reduced rate of VAT could not be applied to electricity supplied as part of a holiday let.

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