BAA Wins VAT case
BAA this week won its VAT case at The First Tier Tribunal on the recovery of VAT it incurred in relation to an acquisition transaction. HM Revenue & Customs sought to block the recovery of VAT on professional fees and the company appealed on the basis that the costs were overheads of what was predominantly a fully taxable business. The case is one of many on this subject over many years during which HMRC continue to resist VAT recovery where share transactions are involved. HMRC may appeal the case as they have done with the recent My Travel decision but for the meantime businesses that incurred VAT on such costs and had their input tax recovery blocked should consider making a claim for repayment of the tax.
