Sales & Leaseback of property - TOGC?

11/01/2019 16:22:18
We currently own a few properties which are fully leased out to tenants. The properties are all opted to tax. We are considering a sale and leaseback arrangement to free up funds - I'm assuming this would be a transfer of assets rather than a Transfer of a Going Concern as we wish to retain the current lease arrangements with the tenants, therefore we are only transferring the ownership of the assets not any business activities. New lease arrangements would be created immediately following the transfer to lease the properties back to us, but this would be 'new' business rather than continuing the same type of business as currently.

Should we therefore be charging VAT on the value of the assets being transferred?
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Re:Sales & Leaseback of property - TOGC?

14/01/2019 09:46:06

Thanks for your question.

From the scenario being described, I also do not see this as meeting the criteria for a Transfer of a Going Concern, so therefore VAT would be applicable on the sale of the assets. As VAT is a self-assessing tax, please read the following and act accordingly

Transfer a business as a going concern - VAT Notice 700/9

I hope this helps.