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In PGPH v HMRC [2017] UKFTT 782 (30 October 2017) the FTT found that VATA 1994 Sch 10 para 12 applied so that input tax incurred on refurbishment works was not recoverable.

PGPH was formed to carry on a property business in the healthcare sector. It acquired a lease of a property for use in that business and exercised the option to tax. The dispute related to a grant by PGPH of a right to use the property to a company called SMCL following which PGPH incurred expenditure on refurbishment works. HMRC denied input tax credits on the grounds that PGPH was not making or intending to make taxable supplies of land as a result of the application of VATA 1994 Sch 10 paras 12 to 17.

The FTT first had to decide whether PGPH was a developer. This depended on whether at the date...

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