Determining VAT on land and buildings can be complex. Depending on the property types and circumstances, VAT rates may range from the standard rate of 20%, reduced rate of 5%, to zero rate or exempt. For property investors, questions about VAT on property are common; however, answers require consideration of multiple factors to provide precise advice. This article will outline the key points regarding VAT on land and buildings in a straightforward manner.
The letting of residential property, whether as a single let, a house in multiple occupation (HMO), or rent-to-rent arrangements, is consistently exempt from VAT. This means that you are not permitted to register for VAT and cannot charge VAT to your tenants. You can rest assured that there are no concerns regarding VAT.
An exception occurs when the residential property is used as serviced accommodation. In this case, VAT is payable at the standard rate if business sales exceed the VAT threshold, currently set at £90,000. A holiday letting accommodation business must register for VAT if it exceeds the VAT threshold.
New residential developments are generally zero-rated, allowing developers to claim back the input VAT on their projects. No VAT is payable on the sale of new residential properties. Buyers do not pay VAT on their new home purchases.
To qualify for the zero rate, property developers must supply the first grant of a major interest in dwellings, relevant residential properties, or relevant charitable properties. A major interest refers to freehold or a lease exceeding 21 years.
The sale of a new or uncompleted commercial property constitutes a taxable supply for VAT purposes, and the VAT should be paid at the standard rate of 20%. However, leasing a commercial property or a property that is more than three years old is not considered a taxable supply for VAT purposes unless an “option to tax” election has been made.
By registering for VAT with an “option to tax,” you can claim a VAT refund on your commercial property purchase as well as any other input VAT on your expenses. However, you are required to charge VAT to your tenants and remit the output VAT to HMRC. It is advisable to consult a VAT expert specialising in land and buildings to determine whether the “option to tax” is suitable for your specific circumstances.
As a property developer, it is essential to consider the impact of VAT on property conversions. Different scenarios may apply where VAT varies:
The land itself (the bare land without improvements or buildings) is generally exempt from VAT as it is considered a non-depreciable asset. However, VAT may be applicable on services related to planning and other development activities for development or commercial purposes.
We understand that you may have additional questions regarding VAT on land and buildings, as the above is only a brief overview. In such cases, please do not hesitate to contact us at Stan Lee Accountancy to learn how we can assist you with your property VAT matters, whether you are a construction contractor, property developer, or property investor.
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