
When purchasing a commercial property with an occupying tenant, buyers often assume that VAT will be payable in addition to the purchase price - potentially a significant additional cost to budget for.
However, this is not always the case.
In a recent transaction, our client was concerned about the VAT liability after learning part-way through the due diligence exercise that the property was VAT-elected. However, after reviewing the details, we were able to confirm that the purchase would be treated as a Transfer of a Going Concern (TOGC).
What does this mean? Because the property was being acquired with the benefit of an existing tenant - and our client was buying it as an investment - the transaction met the criteria for a TOGC. As a result, VAT was not chargeable, reducing the upfront financial burden.
This highlights why careful legal and tax consideration is essential when acquiring commercial property – helping you to navigate VAT complexities and avoid unnecessary costs. If structured correctly, significant savings can be made.
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This update is for general guidance only and advice should be taken in relation to a particular set of circumstances.
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