HMRC has confirmed its policy on the VAT treatment of sale and leaseback transactions following Supreme Court decision in Balhousie earlier this year. This will be a welcome both by the care home operators directly affected; and by anyone contemplating such a transaction to raise finance for whom some uncertainty is now removed. However, in ignoring a judgement of the Court of Justice of the EU (CJEU) in favour of UK court decisions, it casts doubt on how much reliance can be placed on these going forward.
Source Crowe
See also C‑201/18 (Mydibel SA vs Belgium) – Judgment – Input VAT, immovable property, sale and lease back
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