AITI Chartered Tax Adviser

Property transactions

The VAT legislation relating to property transactions changed from 1 July 2008. Letting of property is exempt from VAT although a lessor of a non-residential property can opt to charge VAT on the rent.

Complex issues can arise in relation to:

  • disposal of a reversionary interest under the pre-1 July 2008 legislation,
  • surrender or assignment of leases in existence on 1 July 2008 (legacy leases),
  • adjustment of the deductibility entitlement of a person carrying both a taxable and an exempt activity (capital good scheme),
  • disposal of a property by a person who had waived his exemption from VAT under the pre-1 July 2008 rules,
  • joint option between vendor and acquirer to tax an exempt sale.

We review VAT Requisitions on Title and ensure the appropriate clauses from The Law Society’s Special Condition 3 are included in the contract.