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Official guidance
VAT Land and Property

VATLP23900 · Option to tax - anti-avoidance test: what is the meaning of 'eligible purposes'?

  • VATLP23910 · Introduction
  • VATLP23920 · What is 'wholly' or 'substantially wholly'?
  • VATLP23930 · What if the property is not used?
  • VATLP23940 · What about occupation by doctors, schools, universities and other types of businesses who make predominantly exempt supplies?
  • VATLP23950 · What about occupation by government departments and local authorities?
  1. Option to tax - anti-avoidance test: what is the meaning of 'eligible purposes'?: contents
  2. Option to tax - anti-avoidance test: what is the meaning of 'eligible purposes'?: what if the property is not used?

VATLP23930 | Option to tax - anti-avoidance test: what is the meaning of 'eligible purposes'?: what if the property is not used?

From HM Revenue & Customs · VAT Land and Property

A property that is not used for making taxable supplies is not used for eligible purposes.

However, where a person intends to use a property for a particular purpose but there is no use of the property in the prescribed accounting period in which the grant is made, the legislation provides that the person can be treated as if they are already using it for that purpose, (see paragraph 16(8) of Schedule 10).

This will cover situations where there is a building with unoccupied or unlet space (voids).

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