In Wakefield College v HMRC (Upper Tribunal – 9 January) a college which was a registered charity arranged for the construction of a new campus. HMRC issued a ruling that the construction was standard-rated. The college appealed contending that the construction qualified for zero-rating. The First-tier Tribunal rejected this contention and dismissed the appeal holding that the building was to be used in the course of a business so that the conditions of VATA 1994 Sch 8 Group 5 Note 6(a) were not satisfied. However the Upper Tribunal remitted the case to the First-tier Tribunal to consider whether the business use could be treated as de minimis.
Why it matters: The Upper Tribunal has remitted the case to the First-tier Tribunal to consider whether the business use of the campus could be treated as de minimis.
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