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bigduckontax
bigduckontax, Accountant
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A director of a limited company wishes to transfer some

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Hi
A director of a limited company wishes to transfer some properties from the limited company to his pension Scheme. The limited company is registered for VAT purposes and so it will have to charge VAT on the sale whereas the pension scheme is not. He will then obviously have to register the pension scheme to reclaim the VAT. However, can the pension scheme register for VAT as it only has investment income, and if so, can the transaction be made without having to pay the VAT over which I think is called a 'transfer as a going concern'?
Thanks
Kind regards
Paul
Submitted: 11 months ago.
Category: Tax
Expert:  bigduckontax replied 11 months ago.

Hello Paul, I am Keith, one of the experts on Just Answer, and pleased to be able to help you with your question.

To misquote Bamber Gascoigne I do not think this is a starter for ten! There are rather reduced levels of contributions to pension funds, currently the annual limit is 40K unless he has unused prior year contribution levels. Furthermore, a pension pot may not exceed 1 million.

Property transactions are exempt from VAT so no charge need be made on disposal. The input tax on purchase will already have been recovered. Pension schemes are exempt from VAT so there would be no requirement to register. Furthermore the sale of assets together which are capable of being run as a business (a 'going concern') to someone who intends to use those assets for carrying on the same type of business will be treated as a Transfer of a Going Concern (TOGC) and so be outside the scope of VAT which makes things even easier as the dratted tax is avoided altogether.

Now if the pension fund off it's own bat buys these properties using existing funds then the limits save for the 1 million do not apply. However, the disposal would attract Capital Gains Tax (CGT) on the seller's gain from the process.

I am so sorry to have to rain on your parade.

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Expert:  bigduckontax replied 11 months ago.

Thank you for your support.

I have a nasty feeling that HMRC are going to be all over pension funds and individuals soon with these ever falling limits of contributions and pot sizes. It's all Benjamin Franklin again, 'In life there are but two certainties, death and taxes!'

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