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HMRC Updates VAT Notice 742A: Implications for Opting to Tax Land and Buildings

April 19, 2024
HMRC Updates VAT Notice 742A: Implications for Opting to Tax Land and Buildings

From 2014, when it was first published, up to this point by His Majesty's Revenue and Customs (HMRC), VAT Notice 742A was updated on several occasions, most of which took place in 2020 and 2021 due to COVID-19 and Brexit, respectively. This Notice explains what happens when someone opts to tax: charging VAT on land and buildings, when they need permission, and when to notify HMRC about the decision to opt.

After three years, HMRC has revised VAT Notice 742A, with specific updates in Section 4, which covers the process of opting to tax, and Section 7, which outlines the responsibilities associated with opting to tax.

What has Changed?

With the latest updates to Section 4, HMRC has made significant changes to the process of opting to tax. They have streamlined the process and are no longer sending an acknowledgment letter. Instead, once the notification is emailed, an automated response, including the date of receipt, is sent back. This change is crucial for you to be aware of, as it directly affects your operations. 

Another significant change is in section 7 of VAT Notice 742A. This section updates the list of authorized signatories. As explained in the Notice, an authorized person is typically an individual. However, in some instances, such as a partnership, the partners may be corporate entities. 

In such instances, the notification signatory should be an authorized representative of one of the corporate organizations. This change has implications for the signing authority in different business structures.

When sending an email notification regarding the option to tax, the sender should include the property address, postcode, and effective date of the notification. In the end, it is important to remember that VAT Notice 742A  is closely related to Land and Property VAT Notice 742 and that guidance issued by HMRC is based on the assumption that one has a working knowledge of basic VAT principles as outlined in the VAT guide (VAT Notice 700).

Source: HMRC Guidance Opting to tax land and buildings (VAT Notice 742A)

What is VAT Notice 742A, and what does it cover?
VAT Notice 742A, titled "Opting to tax land and buildings," provides guidance on the process and implications of choosing to charge VAT on supplies related to land and buildings, which are typically exempt from VAT. It outlines procedures for opting to tax, when permission is required, and how to notify HM Revenue and Customs (HMRC) of such decisions.
What significant changes were introduced in the latest update to VAT Notice 742A?
In the update published on March 8, 2024, HMRC made notable revisions to Section 4, detailing the process of opting to tax, and Section 7, outlining the associated responsibilities. A key change is that HMRC will no longer issue acknowledgment letters upon receiving notifications of an option to tax. Instead, if the notification is submitted via email, the sender will receive an automated response confirming the receipt date. This streamlines the process and reduces administrative delays.
How does the new process affect the acknowledgment of an option to tax notification?
Under the revised procedure, when you notify HMRC of your decision to opt to tax land or buildings via email, you will receive an automated acknowledgment confirming the receipt date. HMRC will not send a separate acknowledgment letter. It's crucial to retain this automated response as part of your business records to demonstrate compliance.
What are the implications for businesses regarding the retention of records related to the option to tax?
Businesses must maintain comprehensive records of their decision to opt to tax, including the automated acknowledgment received upon notification. These records should be kept for at least six years, as stipulated by VAT regulations. However, since an option to tax remains valid for a minimum of 20 years, it's advisable to retain all pertinent records for the entire duration to ensure compliance and facilitate any future audits or inquiries.
How do these changes impact the process of confirming the existence of an option to tax?
HMRC has ceased processing requests to confirm the existence of an option to tax, except in specific circumstances, such as when the effective date is over six years old or when requested by an appointed Land and Property Act receiver or insolvency practitioner. Therefore, it's imperative for businesses to maintain accurate and accessible records of their option to tax notifications, as HMRC will not provide confirmation letters for most requests.
What steps should businesses take in light of these updates to VAT Notice 742A?
Businesses should familiarize themselves with the updated procedures outlined in VAT Notice 742A, particularly the changes in Sections 4 and 7. Ensure that all notifications of an option to tax are submitted correctly, and retain the automated email acknowledgments as part of your VAT records. It's also advisable to review internal processes to align with HMRC's streamlined approach and consult with tax professionals to ensure full compliance with the updated guidelines.
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VAT tax researcher, specializing in delivering clear, up-to-date insights on indirect tax regulations and compliance for our website. Rasmus Laan

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