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Practice notes
Overreaching—sales by trustees of landBroadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith...
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19th May
Precedents
notice of [assignment OR transfer]To: [insert name of landlord][of [insert address] OR whose registered office is at [insert address] Company number...
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19th May
Practice notes
What is a rent deposit?A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the...
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19th May
Practice notes
Severance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence whether severance has...
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19th May
Precedents
DateD [date]Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is...
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19th May
Precedents
date [date]Parties1[name of Seller] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at]...
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19th May
Precedents
You are applying for registration of [insert details of property] at HM Land Registry and as part of that application you must disclose any overriding...
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19th May
Precedents
[To be printed on Landlord’s letterheaded paper]Our Ref:Date:To: [insert name of Tenant]From: [insert name of previous Landlord] [of [insert address]...
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19th May
Precedents
1Change of control1.1In this clause the following definitions apply:Authorised Controller[s]•[[name] [of OR incorporated in England and Wales with...
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19th May
Practice notes
A surrender and re-grant by operation of law can occur if an agreed variation of the terms of a lease is so fundamental that the law regards it as...
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19th May
Practice notes
Apportioning service charge—the standard conditionsIn sales of investment properties where there are often many occupational tenancies with rental,...
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19th May
Q&As
A deed (such as a TR1) is valid and binding if the essential ingredients of execution as a deed, attestation and delivery as a deed are all present:...
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19th May
Practice notes
The advantages of taking collateral security from a third party to secure the principal debt are that:•the mortgagee may not need to have recourse to...
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19th May
Practice notes
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor...
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19th May

Most recent VAT content

Q&As
Where an owner has opted to tax on a building and is selling it where the property is sold with the benefit of an existing lease can this be described...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 1st Aug
Q&As
If the landlord agrees to refund annual rent paid in advance for the period after a break date (assuming the break is exercised), is it correct or...
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1st Aug
Q&As
Is it possible to reclaim value added tax (VAT) on the purchase of a property if the purchaser has not paid a sum equal to the VAT to the seller and...
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1st Aug
Q&As
What is the VAT treatment of a dilapidations claim on termination of a lease?As set out in Practice Note: VAT issues for lease assignments and...
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1st Aug
Q&As
Is an option to tax effective before it has been accepted by HMRC?An option to tax takes effect from the date on which it is exercised, or any later...
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1st Aug
Q&As
My client is buying bare land over which it has exercised an option to tax. The plan that my client submitted with the option to tax is unclear. How...
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1st Aug
Q&As
Is value added tax chargeable on payment of a penalty to exercise a tenant’s break right?Where payment is being made by a tenant to the landlord for...
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1st Aug
Q&As
What is the VAT treatment of a sub-contractor supplying materials to a contractor to be used in the construction of a zero rated new dwelling?A supply...
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1st Aug
Q&As
Is charging VAT on lease rents over a period of 20 years sufficient to demonstrate that an option to tax has been made and notified to HMRC?There is...
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1st Aug
Q&As
Is the initial fee paid by a promoter to a landowner under a promotion agreement subject to value added tax (VAT)?Landowners will sometimes enter into...
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1st Aug
Q&As
Is VAT payable on the exercise of a break clause which requires a tenant to pay the landlord a premium?Where payment is being made by a tenant to the...
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1st Aug
Q&As
In what circumstances does the reduced rate of VAT apply where a derelict property is purchased to be renovated and used as a care home?The reduced...
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1st Aug
Q&As
Is value added tax chargeable on a transfer of a UK property from a UK trust to a Spanish charity?It is assumed the UK trust is a private...
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1st Aug
Q&As
When transferring properties which have waived the exemption to tax which make up a property investment business of a deceased to beneficiaries for no...
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1st Aug
Q&As
Is a live-work unit a dwelling for VAT purposes?A live-work unit is a single residential unit (eg a studio or loft) that includes a work area, such as...
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31st Jul

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