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ARTICLE · 08 DECEMBER 2014

Charity Buildings

Withers LLP
Withers LLP
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Withers LLP

Withers LLP

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One of the biggest bones of contention in the world of charity VAT relates to buildings and the cost of VAT on new build.

United KingdomTax

One of the biggest bones of contention in the world of charity VAT relates to buildings and the cost of VAT on new build.

Put simply, where a charity has to pay a lot of VAT on a building project it will prefer to reclaim it by making taxable supplies (where that is achievable and is a normal commercial situation). Where a charity does not make taxable supplies it would prefer the costs to be zero rated.

Construction of new build property can be zero rated but only where the user is a charity and the activity carried out in the building is not 'business'. But in some cases charities make charges for services which would be exempt if they were a business activity. HMRC tends to say they are a business activity. Charities tend to say they are not.

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