Joy and Another v Revenue and Customs: VDT 27 Apr 2006

VAT ASSESSMENT and PARTIAL EXEMPTION: Appellants medical practice partnership claimed input tax in full on partners’ fuel expenses incurred on business/personal use – partnership subject to partial exemption regime – Respondents’ assessment for unpaid VAT included the input tax on fuel expenses in non-attributable supplies for1996 and 1997 partial exemption annual adjustment – Appellants contending that they should not have claimed input tax on the fuel expenses because they were partners’ expenses not partnership business expenses – Appellants had a choice under VAT legislation to claim input tax on fuel expenses – Appellants knowingly chose to claim input tax – cannot now say it was a mistake – Appellants’ accountants disregarded input tax on fuel supplies in 1998 annual adjustment – retrospectively correcting a perceived mistake – cannot be done under regulation 107 of 1995 Regulations – Appeal dismissed.

Citations:

[2006] UKVAT V19568

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 06 July 2022; Ref: scu.241862