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Transfer plan

13 August 2013
Issue: 4415 / Categories: Forum & Feedback , VAT

An accountancy practice is relocating and is selling its old business premises to a bank. The building is subject to a VAT option to tax and the bank has suggested that, before the exchange of contracts, one of the five floors is let to a third-party tenant to enable the transaction to be a transfer of a going concern

My accountancy practice is selling the freehold of our building to a bank. We are relocating our business to a site out of town.

We need to add VAT at 20% to the sale proceeds because we opted to tax the building 10 years ago when we acquired it. However the bank has asked that before the exchange of contracts we create a three-year lease with a third-party tenant who will occupy one of the five floors in the building.

The bank says that because we are then selling the building to them with a prospective tenant in place the proceeds will avoid VAT because the deal will become a transfer of a going concern (TOGC). The bank will opt to tax the building itself before exchange of contracts.

I should add that if the deal falls through the tenant will lose his...

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