Q&As

A company transfers a freehold as part of a transfer under Part VII of the Financial Services and Markets Act 2000, to another company with which it is not VAT grouped. A previous owner had exercised the option to tax. Does the option to tax apply to the new owner?

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Published on LexisPSL on 26/03/2019

The following Tax Q&A provides comprehensive and up to date legal information covering:

  • A company transfers a freehold as part of a transfer under Part VII of the Financial Services and Markets Act 2000, to another company with which it is not VAT grouped. A previous owner had exercised the option to tax. Does the option to tax apply to the new owner?

An option to tax is personal and does not generally bind anyone else. If the company transferring the land has itself exercised the option to tax, the option does not automatically pass to the transferee. The transferee would need to exercise its own option if the option is to continue to apply. We are not aware of any special rules that would treat a Part VII transfer differently from another sort of transfer for these purposes.

Equally, for the option to ta

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