The following Value Added Tax guidance note Produced by Tolley provides comprehensive and up to date tax information covering:
This guidance note sets out when zero-rating can apply to the sale or grant of a long lease in newly constructed buildings.
For an overview of the liability of supplies of land more broadly, see the Overview of VAT and property issues guidance note.
Detailed commentary on the legislation and case law can be found in De Voil Indirect Tax Service V4.233.
Zero-rating can apply where the following conditions are met:
the sale is of an eligible property
the eligible property is being constructed
there is a grant of a ‘major interest’
the grant is the first grant of a major interest
the person making the grant has ‘person constructing status’
the building is not a ‘holiday home’
if the grant is a tenancy, the payment is a premium or the first payment of rent
if appropriate, a zero-rating certificate has been issued to the supplier
VCONST03100; VATA 1994, Sch 8, Group 5
These conditions are considered further in this guidance note.
The types of property covered by this zero-rating are:
a building designed as a dwelling or a number of dwellings
a building intended for use solely for a relevant residential purpose (RRP)
a building intended for use solely for a relevant charitable purpose (RCP)
VATA 1994, Sch 8, Group 5, Item 1
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