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Lacking a link

25 February 2013
Issue: 4392 / Categories: Tax cases , VAT

BAA Ltd v CRC, Court of Appeal

ADIL was an investment consortium. It acquired the entire issued share capital of BAA in 2006 and joined the BAA VAT group. As a result ADIL became a taxable person with a VAT registration.

BAA as representative member of the group claimed the input tax on the VAT incurred and paid by ADIL before it became a member of the group on the basis there was a direct and immediate link between the taxable supplies made to ADIL in connection with the takeover of BAA and the taxable supplies made by the group.

HMRC refused the claim. The First-tier Tribunal allowed BAA’s appeal so the Revenue appealed to the Upper Tribunal (Tax and Chancery Chamber) which found for the taxman.

BAA appealed arguing that ADIL had carried on an unbroken and continuous economic activity at all relevant times meaning there had been...

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