Commentary

V4.113A Supplies in relation to land excluded from exemption—buildings

Part V4 Exemption, zero-rating and reduced rates

V4.113A Supplies in relation to land excluded from exemption—buildings

V4.113A Supplies in relation to land excluded from exemption—buildings

The exemption for supplies of land and buildings is derived from Directive 2006/112/EC, art 135(1)(j), (k) (formerly Directive 77/388/EEC, art 13B(g), (h)); this excludes from exemption supplies referred to in art 12(1) (a),(b) (formerly art 4(3)(a), (b)). Article 12(1) refers to, inter alia, 'the supply, before first occupation, of a building…'. However, art 12 permits member states to apply criteria other than 'first occupation' and in the case of the UK, the criterion is a period of three years from completion1. The distinction between 'old' (exempt') and 'new' (taxable) was explained

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