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Where Taxpayers and Advisers Meet

when is CGT applied on trigger , or on actual sale

jakuk
Posts:12
Joined:Wed Feb 08, 2017 9:45 am
when is CGT applied on trigger , or on actual sale

Postby jakuk » Tue Jul 25, 2017 6:09 pm

If there is a multi party agreement for a joint development of land.

At what date would CGT become applicable,

A) is it when final planning permission has been issued.

Or

B) When the development has started to be sold off ,

Or some other time entirely

bd6759
Posts:4270
Joined:Sat Feb 01, 2014 3:26 pm

Re: when is CGT applied on trigger , or on actual sale

Postby bd6759 » Wed Jul 26, 2017 10:04 am

Development of land suggests a trading activity. You would pay income tax, not capital gains tax, on the profits.

AnthonyR
Posts:322
Joined:Wed Feb 08, 2017 2:33 pm

Re: when is CGT applied on trigger , or on actual sale

Postby AnthonyR » Thu Jul 27, 2017 9:59 am

Aside from bd's point above that this may be trading (which will depend on your participation on the project)...

The date of disposal for CGT purposes is where you have an unconditional contract for sale.

This means that if you have a developer who is going to buy it from you subject to you getting planning permission, the tax point is when you get planning permission and the contract becomes unconditional (even if you don't get paid for some time afterwards).
Anthony Rogers LLB CTA TEP
Fusion Partners LLP
anthony@fusionpartners.co.uk


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