The Upper Tribunal has now endorsed the First-tier Tribunal’s decision. In the Upper Tribunal’s judgement, the Court of Appeal had been clear that the correct mechanism for claiming BDR was the old BDR scheme (suitably moulded to remove the insolvency condition). If no valid BDR claim had been made, then there was no basis on which to adjust the VAT accounted for by BT under any part of s80.
Source: taxscape.deloitte.com
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