Sam Bond & Sarah Baxter v Commissioners for Her Majesty's Revenue and Customs

Decision date: 27 May 2010

Neutral citation: [2010] UKFTT 242 (TC)

Overall AI summary confidence: high

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Short overview

This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.

AI confidence in this short overview: high

This appeal concerned a claim by Sam Bond and Sarah Baxter for a VAT refund for fitting-out works to their flat in the Jam Factory development; HMRC refused because the development as constructed lacked lawful planning permission when the works were carried out. The First-tier Tribunal found the works were unlawful at the time they were done, so the statutory requirement for the refund was not met, and dismissed the appeal, although it also held the flat met the separate "dwelling-house" test and noted an arguable unfairness issue.

Ratio decidendi

This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.

AI confidence in this ratio decidendi summary: high

The Tribunal's ratio is that, for the statutory VAT refund provision relied on, the claimant's carrying out of the works must have been lawful at the time they were carried out; satisfying a separate "dwelling-house" test does not cure unlawfulness under the planning permission requirement, so retrospective planning permission granted later does not establish lawfulness at the earlier time.

Obiter dicta

This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.

AI confidence in this obiter dicta summary: medium

The Tribunal commented (obiter) that retrospective planning permission does not regularise the lawfulness of earlier works for the purposes of the refund provision, and that inconsistent payments of refunds to other Jam Factory residents may give rise to an arguable unfairness claim, though such disparity does not itself create entitlement to payment where statutory conditions are unmet.

Warning

- The chunk contains extensive repetition of material and duplicated passages which may make extraction of points more difficult. The notes derive from a single chunk that contains repetition and some duplicated passages; they may be incomplete.