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The Upper Tribunal has allowed an appeal in Fortyseven Park Street Limited v HMRC concerning the purchase of fractional interests in a luxury property in Mayfair comprising 49 self-contained apartments. The Tribunal endorsed the First tier Tribunal’s finding that the interests fell within the land exemption. However, it overturned the Tribunal’s finding that exemption from VAT was not available because the grants of the fractional interests were made in the hotel sector.
Melanie Hall QC acted for the Appellant. Click here for a copy of the judgment.