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bigduckontax
bigduckontax, Accountant
Category: Tax
Satisfied Customers: 3389
Experience:  FCCA FCMA CGMA ACIS
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I am a VAT registered landlord since 1992 of 14 small offices

Customer Question

Hi,I am a VAT registered landlord since 1992 of 14 small offices on mainly 3 or 5 years leases. In these leases in clause clearly states that Vat is payable on the rent. I am of course
charge VAT and pay it to HMRC. Up till now I have experienced no problems.Until one of my tenant on a 5 year began in 2010 and paid Vat as requested up till now, unexpectedly I received a solicitors letter asking the refund for all Vat payments and the cancellation of future demand.
After some investigation, I came across the "Option to Tax" requirement, - which I have not heard before. It appears from my Google searches that I might have to opt for a belated notification of the Option to Tax.
Your help would be appreciated in this matter.
Kind regards,
Mike Csukas
Submitted: 1 year ago.
Category: Tax
Customer: replied 1 year ago.
Please send any reply to my home email address:***@******.***. My office address is***@******.*** but I will not be there until tomorrow.
Expert:  bigduckontax replied 1 year ago.
Hello Mike, I am Keith, one of the experts on Just Answer, and pleased to be able to help you with your question. Option to tax should normally be made to HMRC within 30 days of the decision. HMRC advise in VAT Notice 742A that: 'We will normally accept a belated notification if you provide:direct documentary evidence that the decision was made at the relevant time (eg copies of correspondence with third parties referring to the option to tax)evidence that output tax has been charged and accounted for and input tax claimed in accordance with the option and a responsible person (such as a director) provides a written declaration that the decision to opt was made at the relevant time and that all relevant facts have been givenHMRC might accept a belated notification in other circumstances. This will depend on the facts of your case.' The Notice is sent to: 'HM Revenue and CustomsOption to Tax National UnitCotton House7 Cochrane StreetGlasgowG1 1GYFax to: ***** ***** 807 Scanning a signed letter or form and sending it by email to:***@******.*** Full details of this very complex notice can be found here: https://www.gov.uk/government/publications/vat-notice-742a-opting-to-tax-land-and-buildings/vat-notice-742a-opting-to-tax-land-and-buildings I do hope that you have found my reply of assistance.
bigduckontax, Accountant
Category: Tax
Satisfied Customers: 3389
Experience: FCCA FCMA CGMA ACIS
bigduckontax and 3 other Tax Specialists are ready to help you
Customer: replied 1 year ago.
Hi Keith, Thank you for your offer, but I have no further question .
Regards,
Mike.
Expert:  bigduckontax replied 1 year ago.
Delighted to have been of assistance, Mike. Thank you for your support.

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