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VAT briefing for November 2017

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In Balhousie, the UT held that a care home provider was liable to account for VAT on a self-supply that arose upon sale of a care home under sale and leaseback arrangements. In Mercedes-Benz Financial Services, the CJEU held that a leasing agreement with an option to purchase is not a supply of goods if the lessee has a genuine economic alternative to exercising the option. HMRC has announced a change in policy on the VAT treatment of pension fund management services provided by regulated insurance companies. In Praesto, the UT held that a company was not entitled to recover input VAT on legal fees incurred in relation to third party civil proceedings against one of its directors.

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