A trader who decided to acquire property for letting could claim repayment of VAT on the cost of a right to acquire a building which had not yet been constructed, let alone tenanted.
Citations:
C-268/83, [1985] ECR I-655
Jurisdiction:
European
Citing:
Cited – Schul v Inspecteur der Invoerrechten en Accijnzen (Judgment) ECJ 5-May-1982
A basic element of the VAT system is that VAT is chargeable on each transaction only after deduction of the amount of the VAT borne directly by the cost of the various components of the price of the goods and services and that the deduction . .
Cited by:
Cited – Royal and Sun Alliance Insurance Group plc v Her Majesty’s Commissioners of Customs and Excise HL 22-May-2003
The landlord had elected to waive exemption to charging VAT on its lettings. The tenant relet the demised premises, but at first without charging VAT. It later charged VAT on the sublease, but the commissioners objected to the attempt of the . .
Cited – Intercommunale voor Zeewaterontzilting v Belgium (Judgment) ECJ 29-Feb-1996
The principle that VAT was reclaimable on the cost of acquiring a right later to purchase land to be used for VATable trade was applied to allow deduction of VAT on the cost of a study undertaken by a company in order to decide whether to commence . .
Cited – Lex Services plc v Her Majestys Commissioners of Customs and Excise HL 4-Dec-2003
When taking a car in part exchange, the company would initially offer the correct market value. If the customer wanted, the company would agree a higher price. When cars were returned, the company at first reclaimed the VAT on the re-purchase price, . .
Cited – Revenue and Customs v Frank A Smart and Son Ltd SC 29-Jul-2019
The question was whether a taxpayer can deduct as input tax the VAT which it has incurred in purchasing entitlements to an EU farm subsidy, the Single Farm Payment. The taxpayer had used those entitlements to annual subsidies over several years and . .
Lists of cited by and citing cases may be incomplete.
VAT, Land
Updated: 17 April 2022; Ref: scu.133763
