Lawrence Stephens

Whether a property transaction is either an investment or trading (ie dealing) activity is of key importance to each of the parties since it will dictate how they are taxed. This Practice Note highlights the key considerations in distinguishing between a trading or investment activity in a property context and describes HMRC's approach to enquiries. Specific scenarios, including mixed motive transactions, taxpayers both dealing and investing and tenants dealing in superior interests in land are also discussed.

This Practice Note considers the direct UK tax considerations relevant to development of UK commercial real estate, including whether a developer is investing or trading in property, choosing a property holding structure for development projects and related direct UK tax considerations. This Practice Note was produced in partnership with Leigh Sayliss, Director at Lawrence Stephens.

This Practice Note considers the UK direct tax considerations relevant to development of UK residential real estate, including whether a developer is investing or trading in property and the annual tax on enveloped dwellings (ATED). This Practice Note was produced in partnership with Leigh Sayliss, Director at Lawrence Stephens.