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ARTICLE · 25 FEBRUARY 2015

Construction (Residential/Charitable)

Withers LLP
Withers LLP
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Withers LLP

Withers LLP

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The simple position on construction is that brand new buildings may be zero rated if they are residential or are to be used for certain very restricted charitable purposes.

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The simple position on construction is that brand new buildings may be zero rated if they are residential or are to be used for certain very restricted charitable purposes, but anything that builds on what is there already (and is thus 'old') is positive rated. What could be simpler? Unfortunately, not this issue.

The question is, what is new and what is old? Does the incorporation of any of a pre-existing building mean that the building continues to exist so the zero rate cannot apply, or is it possible to incorporate a small amount as long as the resultant structure is essentially new? Does a change in the use or function of the pre-existing structure make a difference to this?

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