The Court was asked whether RSA can deduct input tax which it paid on rent to the landlords of premises let to it in the period from the early 1990s to 20 November 1995. Prior to that date, it occupied these premises for its own purposes which involve the making of exempt supplies. It then ceased to occupy the premises and sought subtenants on the basis that the lettings would either be an exempt supply or a supply subject to value-added tax (‘VAT’). Later on 20 November 1995 RSA made an election to make taxable supplies of lettings. The issue on this appeal therefore concerns the period after it had ceased to occupy the premises and before that election took effect. It seeks to deduct the input tax paid to its landlords in this period.
Judges:
Lady Justice Arden
Citations:
[2001] EWCA Civ 1476, [2001] NPC 142, [2001] STC 1476, [2002] BTC 5046, [2001] STI 1345, [2001] 43 EGCS 183, [2002] BVC 174
Links:
Jurisdiction:
England and Wales
VAT, Landlord and Tenant
Updated: 03 November 2022; Ref: scu.201430