In Fairway Lakes v HMRC [2016] UKUT 340 (25 July 2016) the UT found that supplies of holiday lodges by Fairway were composite standard rated supplies which included an undertaking to procure that the landowner would grant a lease of the plot to the customer.
Fairway sold holiday homes built on an estate which belonged to a third party (the landowner). HMRC contended that when Fairway entered into an agreement with a customer in connection with the construction of a lodge and its sale to the customer it made a composite supply of construction services and of the procurement that the landowner would grant to the customer a lease of the plot of land on which the lodge was to be constructed. Fairway argued that the agreement provided for supplies of construction services only and was zero rated (VATA1994 Sch 8 Group 5 item 2).
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