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Property Taxes 2022/2023
Author:
Robert Maas FCA FTII FIIT TEP
Publication Date:
January 2023
Publisher:
Bloomsbury Professional
Copyright:
2023 Dawn Publishing Ltd and Bloomsbury Professional
Law As Stated At:
30 September 2022
Property Taxes 2022/2023
Property Taxes has been updated in line with
FA 2022
including the following important issues:
The legislation for the Residential Property Developer Tax –
8.114 onwards
Relaxation of the REIT requirements –
7.42 onwards
The Court of Appeal Decision in M P Hants in relation to goodwill and trade-related properties –
23.209
The temporary VAT reduced rate for energy-saving materials in residential property –
16.168
Designation of Freeport Tax sites –
23.224
.
GO
Contents
Contents
Expand All
Collapse All
Preface
Close section
Table of Statutes
A
B
C
D
E
F
G
H
I
L
M
N
P
R
S
T
V
W
Close section
Table of Statutory Instruments and other Guidance
A
B
C
D
E
F
H
I
L
N
O
P
R
S
T
U
V
Close section
Table of European Legislation
Close section
Primary Legislation
Conventions and Treaties
Close section
Secondary Legislation
Directives
Regulations
Close section
Table of Cases
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
Y
Z
Chapter 1: Introduction
Close section
Chapter 2: Rents
Introduction
The General Rules
Computation of Profits
Change of accounting basis
Charge to tax on post-cessation receipts
The Property Allowance
Income Tax UK Property Business Losses
UK Property Business Losses of Companies
Non-Residents
Service Charges
Dilapidations
Income from Overseas Property
Rent-a-Room Relief
Rents Taxable as Trading Income
Furnished Holiday Lettings
Tipping, etc Rights
Close section
Chapter 3: Premiums
Treatment of Premiums on Leases of up to 50 Years as Rent
Charge on Assignment of Lease Granted at an Undervalue
Charge on Sale of Land with Right to Reconveyance
Rules for Ascertaining Duration of Leases
Power to Obtain Information
Ancillary Points
Deduction of Premium Paid
Capital Gains Tax Relief
‘Premiums’ for Assignments of Leases
Surrender of Leases
‘Reverse Premiums’
Close section
Chapter 4: Relief for Interest Payable
Income Tax
Corporation Tax
Alternative Finance Arrangements (Sharia-Compliant Loans)
Non-UK Companies
Withholding Tax
Capital Gains Tax
Interest under Development Agreements
Interest as a Distribution
Discounts
Close section
Chapter 5: Investment or Dealing?
The Basic Tests
Decided Cases
Close section
Chapter 6: Tax Aspects of Property Dealing
Computation of Profits
Capital Allowances
Losses
Transactions in Land: Anti-Avoidance
Special Provisions Affecting Property Dealers
Other Matters
Close section
Chapter 7: Tax Aspects of Property Investment
Management Expenses
Surplus Management Expenses
Charges on Income and Debits on Loan Relationships
Capital Allowances
Capital Gains of Companies
Close Investment-holding Companies
Other Matters
Flat Management Companies
Real Estate Investment Trusts
Close section
Chapter 8: Problems of Development
The Nature of the Transaction
Interest Payable
Capital Allowances
Site Assembly
Obtaining Planning Consents
Rent-free Periods
Appropriation from and to Trading Stock
Structuring Development Projects
Relief for Expenditure on Remediation of Contaminated and Derelict Land
VAT
Residential Property Developer Tax (RPDT)
The Building Safety Levy
Close section
Chapter 9: Refurbishments
Income and Corporation Tax
Effect on Time Apportionment
VAT
Close section
Chapter 10: Allowances for Capital Expenditure
Plant and Machinery
Allowances where the Cash Basis is Used
The Date Expenditure is Incurred
Fixtures
Freeports
Structures and buildings allowance
Business Premises Renovation Allowance (to 5 April 2019)
Research and Development
Thermal Insulation of Buildings
Contributions
Other Capital Allowances
Plant, etc Leased under a Finance Lease
Close section
Chapter 11: Tax on Chargeable Gains
Introduction
Calculation of Chargeable Gain
Returns and Payments in Relation to Disposals of UK Property by Non-residents and of Residential Property by UK Residents
Contract – Date of Acquisition and Disposal
Leases
Part Disposals: of Land
Compulsory Purchases
Options
Land Held at 31 March 1982
Land Held at 6 April 1965
Special Reliefs
Miscellaneous
Milk Quotas
Reliefs for Non-Resident Capital Gains Tax (NRCGT) (to 5 April 2019 only)
Non-residents
Collective Investment Vehicles
Gains on High Value Properties (ATED-related CGT) (to 5 April 2019 only)
Non-resident CGT: The Position Prior to 2019/20
Close section
Chapter 12: Business Occupation of Property
Relief for Rent, etc
Sale and Leasebacks, etc
Relief for Other Payments in Respect of the Premises
Deduction in Respect of Premium Paid
Close section
Chapter 13: Private Residences
Capital Gains Tax Private Residence Exemption
Use of an Office at Home
Letting the House
Inheritance Tax
Income Tax Charge on Pre-owned Assets
Close section
Chapter 14: Artificial Transactions in Land – CTA 2010, Part 8ZB; ITA 2007, Part 9A
Disposals of Property Deriving its Value from Land
The Chargeable Person
Fragmentation
Calculating and Assessing the Gain
Exemptions
Interpretation
Transitional
Disposals before 5 July 2016
When did the Sections Operate?
The Meaning of a ‘Gain of a Capital Nature’
The Effect of the Section
A Gain Obtained for Another Person
Ancillary Points
Exemption for Principal Private Residence
Decided Cases
Power to Obtain Information
Other Artificial Transactions
Chapter 15: Use of Overseas Companies to Acquire UK Properties
Close section
Chapter 16: Value Added Tax on Residential Property
Introduction
Zero-Rated Supplies of Residential and Certain Charitable Buildings
Change of Use of Residential and Charitable Buildings
Supplies to Disabled Persons
Reduced Rate on Energy Saving Materials, etc
Reduced Rate on Residential Conversions and Renovations
Rents
Service Charges
Do-It-Yourself Builders
Other Residential and Charitable Issues
Some General VAT Issues (which apply also to Chapter 17)
Close section
Chapter 17: Value Added Tax on Commercial Property
Surrender of Leases
Reverse Premiums
Freehold Disposal of New Buildings, etc
Leisure-Related Activities
What is a Licence to Occupy?
Virtual Assignments
Reverse Charge on Construction Services
Other Problem Areas
Variations of Leases
Wholly Artificial Transactions
The ‘Option to Tax’
The VAT (Self-Supply of Construction Services) Order 1989
Capital Goods Scheme
Transfer of a Business as a Going Concern
Transfers of Estate Roads, etc
Domestic Accommodation for Directors and Employees
Rent-free Periods
Building Regulation Fees
Rent Guarantees, etc
Dilapidations
Road and Bridge Tolls
Local Authorities
Close section
Chapter 18: Inheritance Tax
Overseas Property Representing UK Residential Property
Agricultural Property Relief
Business Property Relief
Payment of IHT by Instalments
Transfers of Land within Seven Years before Death
Sale of Land from Deceased Estate
Heritage Property
Gifts with Reservation
Debts
Other Matters
The Residence Nil Rate Amount
Downsizing Addition
Close section
Chapter 19: Stamp Duty Land Tax
Introduction
The Basic Rules
Higher Rate Transactions (the 3% Surcharge)
Relief for First-Time Buyers
Non-Resident Surcharge
Expensive Residential Property Bought by a Company, etc
Exchanges
Linked Transactions
Joint Purchasers
Non-cash Consideration
Carrying Out of Works
Main Definitions
Assignments, Sub-sales, etc
Contracts Providing for Conveyance to a Third Party
Options
Contingent, Uncertain and Unascertained Consideration
Annuities, etc
Transfers to Connected Companies
Leases
Reliefs, etc
Transfers Involving Multiple Dwellings
Arrangements Involving Public or Educational Bodies (PFI Transactions)
Partnerships
Persons Acting in a Representative Capacity
Targeted Anti-Avoidance Rule
Miscellaneous
Administrative Rules
General Regulation-Making Power
Land in Scotland
Land in Wales
Cross-border Transactions
Close section
Chapter 20: Annual Tax on Enveloped Dwellings
Introduction
Amount of Tax
Acquisitions and Disposals of Chargeable Interests
Special Situations
Reliefs
Property Rental Business
Dwellings Open to the Public
Property Developers
Property Dealers
Financial Institutions Acquiring Dwellings in the Course of Lending
Regulated Home Reversion Plans
Occupation by Certain Employees or Partners
Caretaker Flat Owned by Management Company
Farmhouses
Providers of Social Housing
Charitable Companies
Public Bodies
Bodies Established for National Purposes
Dwellings Conditionally Exempt from Inheritance Tax
Modification of Reliefs
Alternative Property Finance
Administration
Duty to Keep and Preserve Records
Reviews and Appeals
Information and Inspection Powers
Penalties
Collection and Recovery of Tax
Miscellaneous
Close section
Chapter 21: Council Tax
What is Domestic Property?
Classes of Exempt Dwellings
Valuation Bands
Liability
Amount of Liability
Discounts
Administration
Enforcement
Appeals
Penalties
Miscellaneous
Non-Domestic Rating (Business Rates)
Business Improvement District Levies
Business Rate Supplements
Close section
Chapter 22: Landfill Tax
Disposal
The Rules up to 31 March 2018
Rates of Tax
Weight of Material
Exemptions
Registration
Accounting for the Tax
Administration
Adjustment of Contracts
Environmental Bodies
Scotland and Wales
Close section
Chapter 23: Miscellaneous
Is a Company the Best Vehicle?
Group Structures
Farming and Agricultural Land
Woodlands
Mines, Quarries, etc
Rent in Respect of Electric Line, etc Wayleaves
Tied Premises
Other Occupation of Land
Housing Associations, etc
Housing Grants
Annual Value of Land
Meaning of United Kingdom
Meaning of Land
Income Tax Charge on Occupation of Living Accommodation
Homes Abroad Owned Through a Company
Employees’ Household Expenses
Small Profits Rate of Tax (to 31 March 2015 only)
Valuation
Interest on Compulsory Purchase
Transactions at Other than Market Value
Special Returns
Power to Enter Premises
Property Investment under the EIS Scheme
Gifts of Real Property to Charity
Property Held by Investment-Regulated Pension Schemes
2011 Style Enterprise Zones
Property Authorised Investment Funds
Co-ownership Authorised Contractual Schemes (CoACS)
Goodwill and Trade-Related Property
Contributions to Flood and Coastal Erosion Risk Management Projects
Business Investment Relief
Usufructs
Freeports
Close section
Appendix 1: Meaning of ‘Connected Persons’
ITA 2007, s 993
CTA 2010, s 1122
TCGA 1992, s 286
Close section
Appendix 2: Enterprise Zones
1981 Series Enterprise Zones
Former zones where the ten-year period has expired are set out below
2012 Series Enterprise Zones The current series of enterprise zones have different benefits to the 1981 series (which no longer carry tax benefits except in relation to developments carried out during the currency of the loan which have not yet been fully let). The main tax benefit is an exemption from business rates (see 21.92 and 23.191), but there can also be capital allowance advantages in designated areas of such zones (see 23.193).
Appendix 3: Disadvantaged Areas
Close section
Appendix 4: Obsolete Capital Allowances Provisions
Introduction
Industrial Buildings (to 5 April 2011 only)
Agricultural Buildings and Works (to 5 April 2011 only)
Qualifying Hotels (to 5 April 2011 only)
Commercial Buildings in 1980 Style Enterprise Zones (to 5 April 2011 only)
Flat Conversion Allowances (to 5 April 2013 only)
Close section
Index
A
B
C
D
E
F
G
H
I
J
L
M
N
O
P
Q
R
S
T
U
V
W
Z
[3.239.3.196]
3.239.3.196