The taxpayer was unsuccessful in its appeal in this case concerning the option to tax rules (Rolldeen Estates Ltd v HMRC [2023] UKFTT 359 (TC)).
This was exactly the sort of situation for which VATA 1994, Sch. 10, para. 30 was designed. Both parties had proceeded on the basis that the OTT was valid, with the company reclaiming input VAT and HMRC allowing those claims, and the company charging output VAT to its tenants. That VAT would in turn constitute allowable input tax for those businesses.
In summary, the FTT conclusion was given as follows:
“On the basis that Rolldeen had no right of appeal, I strike out its appeal under Rule 8(1) of the Tribunal Rules because the Tribunal does not have jurisdiction to decide the case. In the alternative, if it does have a right of appeal, I find that HMRC acted entirely reasonably in issuing the OTT Decision, and I refuse that appeal.”
https://www.bailii.org/uk/cases/UKFTT/TC/2023/TC08783.html
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