A trading company client of ours wanted to purchase its trading premises from its landlord. The landlord had opted to tax and although the VAT would have been recoverable, the value of the transaction was such that the VAT would have taken the whole deal above the SDLT threshold which the client did not want. By restructuring so that the directors purchased the property as a partnership from the vendor with the benefit of the lease to the trading company which continued, the client avoided having to fund circa £25K VAT and in this case avoided SDLT on the whole sum.

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