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Gateshead Talmudical College v HMRC: Upper Tribunal rules on Capital Goods Scheme

In one of Sir Stephen Oliver’s last decisions the Upper Tribunal has for the first time dealt definitively with the Capital Goods Scheme (CGS) under the VAT Regulations SI 1995/2518.

Facts of the case

Gateshead Talmudical College (Gateshead) was a Yeshiva which provided educational services and the services it supplied were exempt for VAT purposes. On 1 November 1996 Gateshead granted a lease of its premises (the Lease) to Starburst Properties Ltd (Starburst) which then on the same day granted a sublease of the premises back to Gateshead (the Sublease).

Gateshead registered for VAT describing its business as property letting and both Gateshead and Starburst opted to tax the premises in...

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