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I have a client who lives in Denmark but who owns a portfolio of properties at a shopping centre in Brighton. The properties are managed by an independent property agent also based in Brighton.
We have just completed the property accounts for the client (profit and loss account balance sheet etc.) and are unsure whether to add VAT to our fees?
Is the work classed as a business-to-business (B2B) sale that avoids a VAT charge because the client lives in Denmark or is it a business-to-consumer (B2C) sale because the portfolio is really a private/non-business investment of the client?
As a separate point paragraph 3.4.1 of HMRC’s Notice 741A indicates that the portfolio could create a fixed establishment in the UK and the fee would therefore be subject to VAT on the basis that it is a sale to a UK-based business.
A colleague...
