Part 13Tax avoidance

Chapter 3Transactions in land

Charge on gains from transactions in land

755Charge to tax on gains from transactions in land

1

Income tax is charged on income treated as arising under section 756 (income treated as arising when gains obtained from some land disposals).

2

For exemptions from the charge, see—

  • section 765 (exemption: gain attributable to period before intention to develop formed),

  • section 766 (exemption: disposals of shares in companies holding land as trading stock), and

  • section 767 (exemption: private residences).

756Income treated as arising when gains obtained from some land disposals

1

This section applies if—

a

any of the conditions specified in subsection (3) is met as respects land,

b

a gain of a capital nature is obtained from the disposal of all or part of the land,

c

all or part of the land is situated in the United Kingdom, and

d

a person within section 757(1)(a), (b) or (c) obtains the gain.

2

The gain is treated for income tax purposes as income arising when the gain is realised.

3

The conditions are that—

a

the land is acquired with the sole or main object of realising a gain from disposing of all or part of the land,

b

any property deriving its value from the land is acquired with the sole or main object of realising a gain from disposing of all or part of the land,

c

the land is held as trading stock, and

d

the land is developed with the sole or main object of realising a gain from disposing of all or part of the land when developed.

4

It does not matter for the purposes of this section whether the person within section 757(1)(a), (b) or (c) obtains the gain for that person or another person.

5

For the purposes of this section, if, for example by a premature sale, a person (“A”) directly or indirectly transmits the opportunity of realising a gain to another person (“B”), A obtains B's gain for B.

6

For the meaning of “another person”, see section 763.

757Person obtaining gain

1

The persons referred to in section 756(1)(d) are—

a

the person acquiring, holding or developing the land,

b

a person connected with a person within paragraph (a), and

c

a person who is a party to, or concerned in, an arrangement or scheme within subsection (2).

2

An arrangement or scheme is within this subsection if—

a

it is effected as respects all or part of the land, and

b

it enables a gain to be realised—

i

by any indirect method, or

ii

by any series of transactions.

3

For the purposes of this section any number of transactions may be regarded as constituting a single arrangement or scheme if—

a

a common purpose can be discerned in them, or

b

there is other sufficient evidence of a common purpose.

758Income charged

1

Tax is charged under this Chapter on the full amount of income treated as arising in the tax year.

2

See section 760 (method of calculating gain) for how to calculate the amount of income charged.

759Person liable

1

The person liable for any tax charged under this Chapter on income is the person whose income it is.

2

The general rule is that that person is the person who realises the gain.

3

But that rule is subject to subsections (4) and (6).

4

If all or any part of the gain accruing to a person (“A”) is derived from value provided directly or indirectly by another person (“B”), the income is B's.

5

Subsection (4) applies whether or not the value is put at the disposal of A.

6

If all or any part of the gain accruing to a person is derived from an opportunity of realising a gain provided directly or indirectly by another person, the income is the other person's.

7

For the meaning of “another person”, see section 763.

8

In applying section 1015 (territorial scope of charges including the charge under this Chapter) for the purposes of this Chapter, an amount treated as arising to a non-UK resident under section 756 is treated as being from a source in the United Kingdom so far (and only so far) as the land to which the disposal relates is in the United Kingdom.

760Method of calculating gain

1

Subsections (3) to (5) apply for calculating a gain for the purposes of this Chapter.

2

But, except so far as those subsections make provision, such method is to be used for those purposes as is just and reasonable in the circumstances.

3

The method must—

a

take into account the value of what is obtained for disposing of the land, and

b

allow only such expenses as are attributable to the land disposed of.

4

If a freehold is acquired and on disposal the reversion is retained, account may be taken of the way in which trading profits are calculated in such a case.

5

Account may be taken of the adjustments to be made in calculating trading profits under section 158 of ITTOIA 2005 (lease premiums etc: reduction of receipts).

6

In this section “trading profits” means the profits under Part 2 of ITTOIA 2005 (trading profits) of a person dealing in land.

7

In the application of this section in Scotland—

  • freehold” means the interest of the owner, and

  • reversion” means the interest of the landlord in property subject to a lease.

8

See also section 764 (valuations and apportionments).