Market leading insight for tax experts
View online issue

M Lennon & Co v HMRC

Did the sale of a new building qualify for zero-rating?

In M Lennon & Co v HMRC [2015] UKFTT 296 (23 June 2015) the FTT held that the sale of a new building which included the façade of the original building did not qualify for zero-rating in circumstances where the façade had not been retained to comply with planning permission.

M Lennon & Co was appealing against HMRC’s determination that a sale of residential property which had been the object of extensive redevelopment was an exempt supply so that input tax attributable to that supply could not be recovered. Under VATA 1994 Sch 8 Group 5 the first grant by a person constructing a building is zero-rated excluding a conversion unless it falls within Note 18. This occurs when:

‘(a) [the building is] demolished completely to ground level; or

If you or your firm subscribes to Taxjournal.com, please click the login box below:

If you do not subscribe but are a registered user, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this article in full.
Please reach out to customer services at +44 (0) 330 161 1234 or 'customer.services@lexisnexis.co.uk' for further assistance.
EDITOR'S PICKstar
Top