Including VAT Chatter Newsletter
I have previously commented on the Yeshivas Lubavitch Manchester tribunal case in the context of whether a proposed use of a building is a ‘relevant charitable purpose’. However, the case also concerned whether the works in question created an ‘annexe’ as distinct from an ‘extension’ to an existing structure. For the zero rate to apply to the works, this condition also needed to be met. The First tier Tribunal decided that it had been, contrary to HMRC’s views. The case therefore provides interesting insight into HMRC’s attitude to various aspects of such cases. To read more: click here
I wrote a commentary on the curious case of the CASC that claimed it was a charity in order to benefit from charitable VAT relief on new building works. That related to the First tier Tribunal decision in Eynsham Cricket Club. This has now returned to the courts in the form of an Upper Tribunal decision (UKUT0286). The tortuous result is that the Club lost its appeal. The interesting aspect is the route to that result. To read more…click here
This commentary focuses on one of the defining planks of the ‘welfare’ exemption which applies (amongst others) to charities. The relevant provision relates to the ‘care or protection’ of children or young persons. The review is prompted by the Tribunal decision in Lilias Graham Trust (TC07346). Whereas the facts will be special to that charity (which has an unusual activity) the case makes some points which have a wider resonance. To read more, click here
In a judgement issued on 29 July, the court said taxpayers can deduct VAT incurred in purchasing the rights to a subsidy, in this case entitlements to Single Farm Payments (SFPs).
HMRC had refused to allow the farmer, Frank A Smart & Son Ltd (FASL), to deduct VAT of £1,054,852 in its returns between December 2008 and June 2012, arguing that the subsidy was unrelated to the creation of non-exempt supplies. FASL appealed to the First Tier Tribunal (FTT) which ruled in its favour, finding that FASL intended when it purchased the entitlements to use the income from them to pay off its overdraft and develop the business. To read more – click here
In the wake of the court decisions in Longridge and Wakefield College we were wondering where the newly stricter conditions for defining ‘relevant charitable purpose’ left children’s care charities that had relied on the ancient precedents of Yarburgh and St Paul’s. HMRC did not withdraw their policy to the effect that such ‘creche’ charities could be regarded as carrying out relevant charitable purposes despite making charges, but this no longer appeared to align with the recent decisions, and the basic tenet on which they were based, the concept of ‘predominant concern’, had been clearly superseded. We awaited the next step… read more: click here
The Court of Justice of the EU (CJEU) has given what may prove to be the last binding decision on the UK regarding a case the UK courts have referred… read more: click here
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