VAT - commercial property
VAT - commercial property
Author
Discussion

PurpleMoonlight

Original Poster:

22,362 posts

188 months

Wednesday 5th August 2015
quotequote all
A pension scheme is to acquire a 30% interest in a commercial property that is subject to VAT.

I intend to register the pension scheme for VAT and effect an Option to Tax on the property. It will then be purchased as a going concern as it is subject to an ongoing lease. The pension scheme will then invoice the tenant separately to the 70% owner for it's share of the rent.

Is this okay? Can more than one entity have an Option to Tax on the same property?

I've done joint outright purchases before and then applied for a joint VAT registration and Option to Tax, but not done a part purchase where the current owner retains an interest before.

Eric Mc

125,855 posts

296 months

Wednesday 5th August 2015
quotequote all
What does your accountant say?

PurpleMoonlight

Original Poster:

22,362 posts

188 months

Wednesday 5th August 2015
quotequote all
The pension scheme doesn't have one.

The vendor may have one, it's personally owned not corporately.

Eric Mc

125,855 posts

296 months

Wednesday 5th August 2015
quotequote all
And, what does the accountant say?

PurpleMoonlight

Original Poster:

22,362 posts

188 months

Wednesday 5th August 2015
quotequote all
What's with the silly games?

I thought we helped each other out here ....

Eric Mc

125,855 posts

296 months

Wednesday 5th August 2015
quotequote all
Your question actually relates to a fairly specialised and complex area of VAT. I was just wondering what professional advice you had already sought on the matter.

PurpleMoonlight

Original Poster:

22,362 posts

188 months

Wednesday 5th August 2015
quotequote all
None.

Had I known the answer I wouldn't have posted the question.

Eric Mc

125,855 posts

296 months

Wednesday 5th August 2015
quotequote all
Some people post for a second or third opinion - which isn't always a bad idea.

As I said, the area you are asking about (VAT on property) coupled with pension rules makes it quite a complex area and you may need very specialised advice - certainly not the type likely to be given away free on a general internet forum like this.

Jockman

18,414 posts

191 months

Wednesday 5th August 2015
quotequote all
Apologies...despite being done in 2 x 50% tranches, my SIPP property purchase was never liable to vat as the property was never elected for vat.

Can't you 'un-elect' it confused

Billsnemesis

817 posts

268 months

Thursday 6th August 2015
quotequote all
One point that is not made clear is how the 30:70 split is going to operate. Unless you literally buy 30% of the land then legally the ownership will be joint so the invoice will come from both landlords and only be split once payment is made.

If the landlord's interest is divided by splitting up the property there can be nightmares dealing with tenants and rental income and we would always advise against it. It is called a split reversion and is to be avoided.

If you PM me I am happy to look it over to see how the property side works and that may assist in dealing with the pension involvement.

srebbe64

13,021 posts

268 months

Thursday 6th August 2015
quotequote all
Off topic I know, but some years ago I purchased a commercial property (1000 year lease) and it was subject to VAT - which I didn't mind because I'm VAT registered so I could claim it back. However, what shocked me was that the Stamp Duty was calculated on the price + the VAT (Tax on Tax in its purest form)!

Jockman

18,414 posts

191 months

Thursday 6th August 2015
quotequote all
Remember there is stamp duty on the lease itself if it is over a certain value.

PurpleMoonlight

Original Poster:

22,362 posts

188 months

Friday 7th August 2015
quotequote all
All the parties to this are connected.

The only issue is whether each part owner maintains their own VAT registration and Option to Tax or we have to apply for a new joint VAT registration and Option to Tax.

Digga

48,524 posts

314 months

Friday 7th August 2015
quotequote all
I don't know the technicalities of registering a pension scheme for VAT, but if it can be done then there is no reason why more than on entity cannot share the VAT liability. It is no more different than to businesses - each would have a liability proportional to their share and would also be able to claim it back in their VAT return.

PurpleMoonlight

Original Poster:

22,362 posts

188 months

Friday 7th August 2015
quotequote all
Yes a pension scheme can register for VAT, I have several that are already.