In Rolldeen Estates Ltd [2023] UKFTT 359 (TC) (4 April 2023) the FTT held that there was no right to appeal against a decision made under a VAT provision that allows HMRC to retrospectively dispense with the requirement on a taxpayer to obtain prior permission before opting to tax land and buildings. It also held that the provision could have effect in relation to an option which was effective before it came into force on the 1 June 2008 but only in relation to supplies made after that date.
In early 2008 Rolldeen notified HMRC that it was opting to tax two recently purchased properties. The notification was acknowledged by HMRC in March 2008 and the effective date of the option to tax was noted as 1 January 2008. VAT was subsequently recovered on costs relating to the properties. In March 2015 one of the properties was sold....
