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VAT Cases & News

Summaries of interesting VAT cases for the SME owner.

No VAT on subcontracted MOT

Last Updated: 09 June 2017

In Ellon Car Clinic Limited v HMRC [2017] TC05813 the First-Tier Tribunal (FTT) allowed the taxpayer’s appeal finding that the fee for a supply of motor services which included a subcontracted MOT, was standard rated only on the excess over the cost of that MOT.

Read more …

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.

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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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  1. Holiday let electricity not a separate supply
  2. Late VAT registration: penalty quashed for innocent error
  3. VAT payments can be allocated to current period first
  4. No VAT refund for employment agency
  5. VAT: Dwellings and planning conditions
  6. White goods in new houses: is input VAT blocked?

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