Cases - Wynn Realisations Ltd v Vogue Holdings Inc

Record details

Name

Wynn Realisations Ltd v Vogue Holdings Inc

Date

[1999]

Citation

EWCA Civ 1087

Legislation

Value Added Tax Act 1994

Keywords

Construction – VAT – Standard-rated supplies of property – Sale of new commercial buildings or civil engineering works

Summary

Wynn sold a property to Vogue where the contract held that the price was exclusive of VAT. It was assumed that the sale was exempt from VAT. It was discovered later that the building was ‘new’ and therefore VAT was due at 17.5%. Wynn paid the VAT to Customs and sought to recover it from Vogue. The court found for Wynn saying that the words ‘exclusive of VAT’ meant that if VAT was payable then it could be added to the sale price.