reviews


VAT - option to tax
11/10/2018

There are special VAT rules that allow businesses to standard rate the supply of most non-residential and commercial land and buildings (known as the option to tax). This means that subsequent supplies by the person making the option to tax will be subject to VAT at the standard rate.

The ability to convert the treatment of VAT exempt land and buildings to taxable can have many benefits. The main benefit is that the person making the option to tax will be able to recover VAT on costs (subject to the usual rules) associated with the property including the purchase and refurbishment of the property.

However, any subsequent sale or rental of the property will attract VAT. Where the purchaser or tenant is able recover the VAT charged this is not normally an issue. However, where the purchaser / tenant is not VAT registered or not fully taxable (such as bank) the VAT can become an additional (non-recoverable) cost. Once an option to tax has been made it can only be revoked under limited circumstances, for example:

  • within a 6 month 'cooling off' period,
  • an automatic revocation where no interest has been held for more than 6 years and after 20 years has elapsed.

There are strict rules and conditions which must be met for all these revocations.

Proper consideration of the various issues is important prior to making an election.


HEAD OFFICE

44 Broadway
Stratford
London
E15 1XH 

Tel: 0208 5191800

Mobile: 07900 394445

LONDON CITY OFFICE - BANK

23 Austin Friars,
London,
EC2N 2QP

Tel: 020 3667 2561
Mobile: 07951 722 081

info-bank@ybsmpartners.com

Follow Us

  

Memberships