Background
This was an appeal from the First Tier Tribunal by HMRC against a decision that the sale of a property qualified as a TOGC, that the assessment was in any case out of time, and that an adjustment under the Capital Goods Scheme did not apply.
In this instance the interesting part of the decision relates to the TOGC treatment of the sale of the property. The Appellant is a registered charity and let space in its existing premises to two further organisations: the British Association of Perinatal Medicine (BAPM) and the British Association for Community Child Health (BACCH). The latter two organisations are registered charities, with aims similar to the Appellant.
The vendor of the property, Coleridge Ltd, is a property development company. It purchased the property in 2005 and opted to tax it. When purchased the Property had sitting tenants.
In November 2006,
