Gary Barnett and Jo Crookshank (Simmons & Simmons) review the impact of some recent VAT decisions, including three from the CJEU.
Retrospectively approving an option to tax
In Rolldeen Estates v HMRC [2023] UKFTT 359 the FTT held that a taxpayer was not entitled to appeal against HMRC’s decision to approve retrospectively an option to tax. In any event the taxpayer was estopped from raising the argument that the option to tax was not valid by virtue of its own conduct in confirming (incorrectly) that no exempt supplies had been made in relation to the relevant property.
Rolldeen acquired a property in 2006 but did not immediately opt to tax the property. Following an HMRC visit in 2008 Rolldeen opted to tax the property and notified HMRC of the fact. In its application and subsequent replies to queries raised by HMRC it confirmed that it...
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Gary Barnett and Jo Crookshank (Simmons & Simmons) review the impact of some recent VAT decisions, including three from the CJEU.
Retrospectively approving an option to tax
In Rolldeen Estates v HMRC [2023] UKFTT 359 the FTT held that a taxpayer was not entitled to appeal against HMRC’s decision to approve retrospectively an option to tax. In any event the taxpayer was estopped from raising the argument that the option to tax was not valid by virtue of its own conduct in confirming (incorrectly) that no exempt supplies had been made in relation to the relevant property.
Rolldeen acquired a property in 2006 but did not immediately opt to tax the property. Following an HMRC visit in 2008 Rolldeen opted to tax the property and notified HMRC of the fact. In its application and subsequent replies to queries raised by HMRC it confirmed that it...
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:
