Question

When would VAT be charged on the purchase price of a small commercial office?

20 views

I'm looking at buying a small commercial office unit for around £180,000 to work from instead of renting. The estate agent said VAT 'may or may not' apply to the purchase price, which wasn't exactly helpful. How do I find out whether VAT applies, and what should I be asking the seller? I've heard something about sellers 'opting to tax' their buildings — what does that mean for me as the buyer? And if VAT is charged, can I reclaim it given that I'm VAT registered?

1 Answer

The default position is that sales of commercial property are exempt from VAT — but that exemption can be switched off. A seller can make an "option to tax" on the building, which turns the sale (and usually subsequent rents) into a standard-rated 20% supply, so your £180,000 office could come with an extra £36,000 of VAT on top. The key step is to ask the seller or their agent, in writing, whether an option to tax is in place before you agree a price — agents' "may or may not apply" is not good enough when 20% is at stake. If the building is being sold with tenants in place as a continuing business, the Transfer of a Going Concern (TOGC) rules can apply, meaning no VAT is charged at all provided the conditions are met (including that you are VAT registered and opt to tax yourself). As a VAT-registered buyer using the office for your taxable business, any VAT charged is generally reclaimable on your return, so it is mainly a cash-flow and funding question rather than a cost — but if you are not registered, it becomes a real extra cost. Get confirmation of the VAT position in the contract and take advice before exchange.

Your answer

Log in to add your answer to this discussion.