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Where Taxpayers and Advisers Meet

Avoid CGT on sale of garden larger than permitted area?

BoBoN
Posts:1
Joined:Tue Aug 15, 2017 2:26 pm
Avoid CGT on sale of garden larger than permitted area?

Postby BoBoN » Thu Aug 17, 2017 4:49 pm

Hello all. Have total grounds of 2.1 acres with long road frontage and recently got outline PP to build a house on 1 extremity of garden (0.45 acres). Am now going for outline PP for same at other extremity (0.4 acres). What should i be doing now in view of avoiding or minimising CGT given that total existing plot exceeds 'permitted area'. I see 2 different options: gather evidence e.g. photos to demonstrate that entire area is used for the enjoyment of the property as a whole and hope that district valuer agrees, or, separate off the plots and sell them to a Ltd company of which i am a director (this may avoid CGT but attract corporation tax when the plot is sold on at a profit?). Not sure which, if either, are a good solution. No doubt there are some experts here that can help. Many thanks.

maths
Posts:8507
Joined:Wed Aug 06, 2008 3:25 pm

Re: Avoid CGT on sale of garden larger than permitted area?

Postby maths » Fri Aug 18, 2017 5:59 pm

There is no definitive answer to this hoary old chestnut. it is heavily fact dependent.

2.1 acres is significantly in excess of the permitted area (approx 1.25 acres) and arguing that all of the surrounding land is needed for enjoyment is likely to be an uphill struggle.The fact that you are seeking to hive off not one but two parts is unhelpful to your argument re enjoyment.


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