VAT on landlord-provided services
KPMG has reported a case concerning services provided by a landlord and whether such services are subject to value added tax (VAT) In this case the taxpayer rented offices under a lease which provided for three “rents”, for occupying and insuring the building as well as providing certain services. The landlord did not “opt to tax” and thus was not charging VAT on any part of the rents, including the services. The taxpayer sought to reclaim VAT on the services on the basis that the services for which the “service charge” relates were taxable transactions. HM Revenue & Customs rejected this claim on the grounds that the letting of the property and the provision of the services constituted a single exempt supply. The case was referred The Court of Justice for the European Union for resolution.
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