David Moulsdale t/a Moulsdale Properties – Supreme Court – Option to tax disapplication – anti avoidance rules and circularity – unanimous taxpayer loss

The issue is whether the taxpayer should have charged VAT on the sale price of a property that he had opted to tax and subsequently sold to a purchaser who had no connection to him in September 2014. The key anti-avoidance legislation which determines whether VAT is chargeable is Schedule 10 VATA 1994.

Source KPMG

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