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Difficulties with DIY Housebuilders’ claim – The Spani case

The DIY Housebuilder’ Scheme puts you in a similar position to a person who buys a zero-rated house built by a property developer. In the First Tier Tribunal (FTT) case of Spani v HMRC [2023] UKFTT 00727 (TC) the issue was whether a claim under the DIY Housebuilders’ Scheme (the scheme) was valid. Mr Spani appealed against HMRC’s decision to refuse a claim. It was rejected as the respondents concluded that the property was to be used for business purposes because planning permission was for a holiday let rather than residential own use. To claim under the scheme, the relevant the property must be used “otherwise than in the course of furtherance of business” – VAT Act 1994, section 35)

Source: marcusward.co

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