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17 December 2012
Issue: 4384 / Categories: Tax cases , VAT
Goodman Equine Ltd (TC2243)

The taxpayer company was incorporated and registered for VAT in May 2008. It described its business as showjumping and trading in horses.

The business claimed input tax of £73 167 in its VAT return for the period to August 2008 in respect of the purchase of a horse called For Fun from which taxable income from various activities would be generated.

HMRC disallowed the claim on the basis the company was not a business for the purposes of VAT. The company appealed.

The key question before the First-tier Tribunal was whether the taxpayer met the business tests in CCE v Lord Fisher [1981] STC 238.

The tribunal judge was not satisfied that the business was a serious undertaking when looked at in conjunction with the tests. The company traded at a loss and relied on the financial support of its sole director.

No horses had been sold despite...

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