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Case law: Abbey v the Commissioners of Customs and Excise

By: Language: English Series: Property Week ; 70(22) 3 June 2005, 67(1)Publication details: 2005Subject(s): Summary: Discuses the case ([2005] EWHC 1187, unreported, L129866) involving a sale-and-leaseback agreement entered into by Abbey with Mapeley. The two companies ceated a virtual assignment by which Abbey would transfer all the economic burdens and benefits of the shorter leases to Mapely but pay a fee similar to the rent it would have paid under a normal leaseback. Customs and Excise claimed this fee should be charged VAT as it was a taxable supply of agency. However the court held that VAT was not chargeable as the arrangement should be regarded as a letting,nor would VAT be chargeable on property where Abbey had been granted the subleases and had transferred the economic benefit to Mapeley.
Holdings
Item type Current library Call number Copy number Status Barcode
Journal article London Journal article L130051 (Browse shelf(Opens below)) 1 Available 130051-1001

Discuses the case ([2005] EWHC 1187, unreported, L129866) involving a sale-and-leaseback agreement entered into by Abbey with Mapeley. The two companies ceated a virtual assignment by which Abbey would transfer all the economic burdens and benefits of the shorter leases to Mapely but pay a fee similar to the rent it would have paid under a normal leaseback. Customs and Excise claimed this fee should be charged VAT as it was a taxable supply of agency. However the court held that VAT was not chargeable as the arrangement should be regarded as a letting,nor would VAT be chargeable on property where Abbey had been granted the subleases and had transferred the economic benefit to Mapeley.