Law changes often cause problems, so if you are considering selling a commercial property that is subject to an option to tax, make certain you are aware of the new rules. You should be aware of a VAT law change which affects property from 1st June 2008. If you are selling a commercial property that might be converted into residential use, the buyer can now serve you (the vendor) a form which removes your option to tax, which could cause you to repay input tax that you had reclaimed for up to ten years. This can also affect you as a vendor if there is a chain of buyers, where the ultimate acquirer plans to convert it.

It is inevitable with new law, especially in this area, that someone is going to get a nasty shock. An option to tax that unexpectedly gets disapplied can cause some difficult input tax recovery issues.

If your potential buyer serves you such a notice before you have fixed the price (such as the exchange of contracts), you can seek to adjust the price of your building to take into account the tax that you will now be required to repay to HMRC, or in extreme cases consider seeking a new buyer. Most importantly, you should seek good professional advice before making a decision.