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VAT Cases & News

Summaries of interesting VAT cases for the SME owner.

VAT registration threshold: call for evidence

Last Updated: 29 June 2022

HMRC have issued 'VAT registration threshold: call for evidence' to explore whether the design of the VAT threshold should be changed.

Read more …

Post-sale planning permission not enough for zero-rating

Last Updated: 16 March 2018

In Cavendish Green Limited v HMRC [2018] UKUT 0066, it was found that the sale of land on which a new house was to be built and on which a large boundary wall had been built did not have sufficient planning to enable zero-rating.

Read more …

DIY VAT reclaim cannot be blocked due to post-construction events

Last Updated: 09 March 2018

In Richard Akester v HMRC [2017] UKUK 0404, the Upper Tribunal (UT) set aside the First-Tier Tribunal’s (FTT) dismissal of a DIY VAT refund claim. The FTT can only consider whether construction works are lawful during the period of construction. Breaches of planning conditions after construction, should be ignored.

Read more …

VAT on Nesquik: what's your flavour?

Last Updated: 11 July 2022

In Nestle UK Limited v HMRC [2018] UKUT 0029, the Upper Tribunal (UT) agreed that although chocolate Nesquik was zero-rated, banana and strawberry Nesquik is standard rated.

Read more …

£1,583 error leads to £297,485 surcharge

Last Updated: 16 February 2018

In Global Switch Limited v HMRC [2017] TC06252, the First-Tier Tribunal agreed that a £297,845 surcharge, which was ultimately realised due to a £1,500 VAT error, was appropriate.

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Care home sale and leaseback triggers VAT charge

Last Updated: 30 January 2018

In HMRC v Balhousie Holdings Limited [2017] UKUT 410, the Upper Tribunal (UT) agreed with HMRC, that the sale and leaseback of a care home was the disposal of an entire interest in a property and a self-supply VAT charge arose.

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Novation of property sale loses exempt status

Last Updated: 31 May 2018

In Hanuman Commercial Limited v HMRC [2017] TC06249, the First-Tier Tribunal (FTT) concluded that the novation of a contract for the sale of land was a standard rated supply not an exempt supply of land.

Read more …

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