Selling land to a developer - is that trading or capital gain?
Farmers and other landowners will often be approached by developers seeking to obtain planning permission to build on the land. Great care is needed to avoid unnecessary tax charges on the transaction. HMRC have recently updated their guidance on transactions in land clarifying that under certain circumstances some of the eventual profit can be taxed as income not a capital gain. For individual property owners that could mean 45% income tax as opposed to just 20% CGT.
For example, a landowner sells some land to a developer for £5 million plus10% of any profit on the development over £6 million. If the profit on the project was £8 million then the additional £200,000 would be taxed as a trading profit.
The tax rules in this area are complex. If you are involved in such a deal contact us so we can advise on the best way of structuring the transaction.