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Weald Leasing Ltd - UK VAT Case

HMRC have published a Brief advising that they will be appealing to the UK Court of Appeal.

In the High Court, the Revenue's appeal was dismissed; and it was held that the conferring of a tax advantage in a series of transactions was not abusive where the series of transactions was not in the context of their normal commercial operations. This decision was based on the interpretation of the ECJ decision in Halifax.

ICAI commentary on this High Court case is available in the Commentary on Cases section of this issue of tax.point.

HMRC Brief 08/08 is reproduced below:

“Revenue & Customs Brief 08/08

Weald Leasing Ltd

The High Court gave its decision in this case on 16 January 2008. HM Revenue & Customs (HMRC) has now sought permission to appeal to the Court of Appeal.”