Balhousie Holdings - Supreme Court Ruling
Landmark ruling in favour of Balhousie sets important precedent for business
A Supreme Court VAT ruling issued today in favour of care home operator Balhousie Holdings sets an important precedent for UK business, according to legal experts.
The ruling - the culmination of a lengthy legal battle dating back to 2015 - hinged on the process in which Balhousie, owner of Scottish-based Balhousie Care Group, engaged in the sale and leaseback of one of its care homes.
The Value Added Tax Act 1994 makes a zero VAT allowance for companies that are involved in the construction or conversion of buildings used for relevant residential or charitable purposes. If the building use is changed or the company disposes of the property, then that zero VAT allowance is 'clawed back' and the company is expected to pay VAT.
The judges at the Supreme Court decided that the transaction did not trigger one of the 'claw back' criteria and therefore agreed that the zero VAT allowance should still apply.
Lucy McCann, litigation partner at Brodies LLP who advised Balhousie, said: "We expect the Supreme Court's ruling on Balhousie's case to have a significant impact on the use of sale and leaseback structures, providing clarity that such vehicles can retain a zero rating for VAT, if appropriately structured. This decision extends beyond the care home sector and will be welcomed by both business and professional advisers."
Tony Banks, Chairman of Balhousie Care Group, which celebrates its 30th anniversary this year, said: “This is not only a historic victory in the legal sense but also for the business community as a whole. I am delighted with the unanimous Supreme Court ruling and proud that we kept the faith during what became a lengthy and costly legal process. Huge thanks are due to Brodies for navigating previously uncharted legal territory.”
Headquartered in Perth, the award-winning Balhousie Care Group owns and operates 26 care facilities.
News Articles
- Rowan Consultancy fundraising news
- Latest VisitScotland/Business Gateway Digital Webinars
- Sustainable sleeping: Crieff Hydro introduces new eco bedding
- Catering to Celebrancy via Covid
- Guildry Want to Get Behind Local Apprenticeships
- Microsoft Office Excel: Intermediate Level Full Details and Booking
- Strategic Transport Projects Review or STPR2 - Scottish Government Recommendations
- Unlocking tax savings through capital allowances
- First Minister's update to the Scottish Parliament - 18 January 2022
- Professional sport allocated £2.55 million of COVID support
- France to relax travel rules from the UK
- Covid self-isolation in England being cut to five full days
- Scottish business leaders target USA for first in-person trade missions since pandemic began
- Google will spend £730m to 'reinvigorate' its UK offices
- UK economy above pre-Covid levels in November
- COVID 19 Business Support and Continuity Tourism Fund
- SCC: Economic recovery at risk as COVID concerns curtail business growth
- Taxi and Private Hire Driver and Operator Support Fund 2022
- Nightclub Closure Fund
- Crowd restrictions lifted for outdoor events
- ScotWind offshore auction raises £700m
- Introduction to Excel Full Details and Booking
- The DigitalBoost Development Grant has reopened
- Perth event is designed to support the recovery of tourism businesses