Option To Tax

Q. My client is purchasing a commercial property and will be paying VAT on the purchase because the vendor has an option to tax on the property.  My client intends to use the property for making fully taxable supplies.  Will my client take over the option to tax from the vendor when the property transfers and if not will they need to make an option to tax to be able to recover the input tax suffered on the purchase?

A. The option to tax does not transfer from the vendor to the purchaser.  Your client will have the choice as to whether or not to make an option to tax on the property.  If they are using the property for making fully taxable supplies then they will be able to recover the input tax on the purchase of the property without making an option to tax.  However, if in the future they make exempt supplies of the property for example selling the property, or renting out part or all of it to a tenant then there could be an adjustment to repay part of that input tax reclaimed either under the Capital Goods Scheme (if the property cost more than £250,000) or under partial exemption clawback. An option to tax does not have to be made at the time of purchase; the client could opt to tax the property later if they envisaged making an exempt disposal of, or rental of, the property.

If you have a VAT query why not contact the VAT Advice Line on 0844 892 2470 to discuss the implications. Our team of experts have a wealth of experience and can also provide a written consultancy service at £180 per hour plus VAT.


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VAT Advice Consultant
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Hilary is a qualified chartered accountant and member of the tax faculty.  Before joining Croner Taxwise she qualified with a national accountancy firm and after some time in practice worked as Group Finance Director of an SME private group with a wide range of activities. Hilary also undertakes a volunteer role as a trustee of a charity with some complex VAT issues.