14 February 2019 Andrea Marshall, Tax Specialist
HMRC recently updated Notice 742A 'Opting to tax land and buildings'. The changes in the notice include a detailed list of who HMRC will accept as an authorised signatory on an option to tax notification and/or who can sign an authorisation letter authorising someone else to sign option to tax notifications. Sadly, despite BUFDG and the British Property Federation providing feedback on this point on HMRC's draft notice, the list of authorised signatories that HMRC has produced does not include anyone who might work within a university.
For a 'Charitable Incorporated Organisation' the signatory must be a Director, Chairperson, Treasurer, Trustee or Secretary - this is likely to make it difficult for most universities to effectively notify a valid option to tax as most do not have any of these roles.
We have contacted HMRC to ask them who specifically within a university structure they think falls into these categories and therefore has the proper authority to notify an option to tax (and/or to authorise someone else within the university to do so). We'll keep you updated as to their response…