Vehicles for property development and investment—VAT implications
Produced in partnership with Martin Scammell
Vehicles for property development and investment—VAT implications

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

  • Vehicles for property development and investment—VAT implications
  • Why does this matter?
  • Companies
  • Partnerships
  • English limited partnerships
  • Other limited partnerships
  • Limited liability partnerships and real estate investment trusts
  • Co-owners
  • Joint ventures

This Practice Note is about the VAT treatment of partnerships, joint ventures and other entities in the context of property development and investment. It considers:

  1. companies, general partnerships, limited partnerships, limited liability partnerships (LLPs), real estate investment trusts (REITs), co-owners and joint ventures

  2. which entity needs to be VAT registered

  3. which entity should opt to tax

  4. the treatment of transactions between the parties

  5. contributions and distributions, and

  6. dealings with third parties

Why does this matter?

It is not always apparent how collaboration arrangements should be dealt with for VAT purposes, and who needs to charge VAT to whom. In some cases the position is genuinely unclear, and the supplies for VAT purposes may not reflect commercial reality. It is important to ensure that contracts deal adequately with the position.

Companies

A company is a relatively straightforward vehicle for holding property, but the points provide a basis for comparison with other types of entity.

Registration and option to tax

A company is a separate entity from its shareholders. It is registered for VAT, and exercises any option to tax, in its own right.

Companies can be VAT grouped if they are under common majority control (see Practice Note: VAT groups).

Shares

The issue of shares in a company is not a supply for VAT purposes.

The disposal of existing shares might be a