Exemption from VAT for land and buildings
Produced in partnership with Martin Scammell
Exemption from VAT for land and buildings

The following Tax practice note produced in partnership with Martin Scammell provides comprehensive and up to date legal information covering:

  • Exemption from VAT for land and buildings
  • Why does exemption matter?
  • Basis in legislation
  • Sales and leases
  • Exceptions
  • Other interests in land
  • Rights over land
  • Licences to occupy land and the leasing or letting of immovable property
  • What is immovable property?
  • What is leasing or letting?
  • More...

This Practice Note is about the scope of the VAT exemption for property transactions. In many cases the exemption is overridden by other provisions, and these are noted where relevant.

This Practice Note contains references to EU legislation and case law. For information on the ongoing significance of EU law in the UK following the end of the Brexit implementation period on 31 December 2020, see Practice Note: Brexit and tax—the continued application of EU law. Unless otherwise stated, all judgments of the EU Court of Justice referred to in this Practice Note were decided before the end of the Brexit implementation period.

Why does exemption matter?

Exemption means that no VAT is chargeable, but that the landlord or seller cannot recover VAT on related costs. There may also be a requirement to repay to HMRC VAT that has previously been recovered.

Exemption is usually welcome if the buyer or tenant is a private individual, or a business or organisation that cannot recover VAT in full.

But exemption is generally undesirable in the context of commercial property. If VAT is charged, the buyer or tenant can usually recover it, while the seller or landlord can recover VAT that they themselves incur, so there is no overall VAT cost.

In this case there will, however, normally be an additional liability to stamp taxes—in England and Northern Ireland to stamp

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