Skatteministeriet v Henriksen: ECJ 13 Jul 1989

Europa Article 13B(b ) of the Sixth Directive ( 77/388 ) on the harmonization of the laws of the Member States relating to turnover taxes must be interpreted as meaning that the phrase ‘premises and sites for parking vehicles’, which introduces an exception to the exemption laid down in that provision in regard to the leasing or letting of immovable property, covers the letting of all places designed to be used for parking vehicles, including closed garages, but that such lettings cannot be excluded from the exemption if they are closely linked to lettings of immovable property for another purpose which are themselves exempt from value-added tax. Member States may not exempt from value-added tax lettings of premises and sites for parking which are not covered by the exemption.
C-173/88, [1990] STC 768, [1989] ECR 2763
Cited by:
CitedColaingrove Ltd v the Commissioners of Customs and Excise CA 19-Feb-2004
The taxpayer licensed static caravans on seasonal pitches on its land. They claimed exemption from charging VAT on the basis that they were residential lettings exempt under European legislation.
Held: The appeal failed. The legislation . .
CitedNell Gwynn House Maintenance Fund v Commissioners of Customs and Excise HL 15-Dec-1998
Trustees who managed a group of apartments argued that they did not themselves provide staff services to the tenants, but rather arranged for the staff to provide services to them.
Held: The contract providing cleaning and other services, by a . .

These lists may be incomplete.
Updated: 24 February 2021; Ref: scu.134902