Indirect tax issues - VAT

7.32  Public sector bodies have varying VAT treatments, depending on whether, e.g., they are central departments or NDPBs. These treatments will not apply to a JV, regardless of whether it is classified to the public or private sector.

7.33  The JV may need to register for VAT in its own right or through, e.g., a General Partner in the case of a Limited Partnership. Other issues for the JV that need to be considered are:

●  the VAT liability of supplies made;

●  VAT recovery on expenditure; and

●  the impact of any JV agreement on the partial exemption calculation of the public sector shareholder/partner.

7.34  The VAT treatment of transfers to a JV should also be considered. The transfers may constitute supplies for VAT purposes or may qualify as VAT-free transfers of a going concern (TOGC) depending upon the precise nature of what is being transferred.