This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our privacy notice.

Was the supply of car parking facilities by an NHS Trust a taxable supply?

By Andrew Needham, December 2022

This was an appeal against a decision of the First-tier Tribunal (FTT) dismissing the appellant's appeal against HMRC’s determination that VAT was chargeable by the appellant on its supplies of car parking at hospital and healthcare sites. Based on that determination, HMRC refused refuge to repay VAT accounted for by the appellant during the periods 05/13 to 03/16. 

The single issue in this appeal was whether the appellant was a taxable person when making supplies of car parking in car parks at its hospitals, as the FTT found, or whether in so doing it was acting as a public authority pursuant to Article 13 of the Principal VAT Directive 2006/112/EC as implemented by VATA 1994, s 41A. 

Under the appellant’s constitution, its principal purpose was to provide goods and services for the health service in England, but the appellant may also carry on activities to generate additional income to better carry on its principal purpose.

Subscribe to the McLaughlin’s Tax Case Library to get instant access
to the Tax Case Library.
14 day free trial , 90 day money back guarantee
Subscribe

Related or similar articles

Were mobile ride-hailing services within scope or not?
By Andrew Needham, June 2025
Were the services provided within the medical exemption and was the assessment issued within time?
By Andrew Needham, August 2024
Was the supply of services to an overseas entity?
By Andrew Needham, July 2023
Did the input tax relating to the sale of the shares in a subsidiary have a direct and immediate link to future taxable supplies?
By Andrew Needham, February 2022
Was there sufficient evidence for HMRC to accept input tax deduction and zero-rating of exports?
By Andrew Needham, August 2021