In Exeter Estates Ltd v HMRC (TC02632 – 12 April) a company (E) had acquired a large site adjoining a dual carriageway in 2007. The site included a petrol station and several warehouses and offices. E advised HMRC that it had made an option to tax the site. In 2011 HMRC formed the opinion that E had failed to account for VAT on rental income from several buildings which it had opted to tax and issued an assessment. E appealed contending that in 2007 four weeks after its initial letter to HMRC it had sent a further letter stating ‘option to tax to be limited to area etched red on enclosed plan excluding buildings etched blue’.
The First-tier Tribunal accepted E’s evidence and allowed its appeal. Judge Gort found that ‘it was quite clearly not (E’s) intention to opt to tax...
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