David Trather (1) Vaughan Goode (2)Mangogrove Limited-(Third Party) v Commissioners for Her Majesty's Revenue and Customs

Decision date: 21 December 2010

Neutral citation: [2011] UKFTT 21 (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 whether a planning condition that the apartments be "used for holiday purposes only and shall not be used for permanent residential accommodation" prevented their use as the grantee's principal private residence for the purposes of Note (13) to Item 1 of Group 5, Schedule 8 VAT Act 1994. The Tribunal held that the restriction does prevent use as a principal private residence and therefore the first grant of a major interest was not zero-rated but standard-rated. The appellants' appeals were dismissed.

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

A planning restriction expressly limiting use "for holiday purposes only" and forbidding permanent residential accommodation operates to prevent the property being used as the grantee's principal private residence; where such prevention exists, Note (13) to Item 1 excludes zero-rating and the supply is standard-rated.

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 noted (obiter) that factual permutations such as wholly peripatetic individuals claiming a holiday home as a principal residence are rare and de minimis, and that the phrase "only and for no other purpose" should be given effect rather than read compatibly with permanent residential occupation.