Tag Archives: property

Contaminated Land Remediation Relief – have you made your claim?

Any tax relief given by HM Revenue & Customs should be jumped on at the first opportunity – you just don’t know how long they will be around.  Contaminated Land Remediation Relief was introduced in 2009 to provide an incentive to UK property development companies to develop derelict or contaminated land.  Given the tough economic times at the moment, especially for the property sector, it is surprising how often this relief is overlooked!

Here are the answers to 4 frequently asked questions:

1. How much relief can you claim? 

A company can claim an extra 50% of the costs of cleaning up the contaminated land against their taxable profits.

2. What is Contaminated Land?

Land is in a contaminated state if it has something in, or under it that is causing harm or is likely to cause harm and arose as a result of industrial activity.  Some common examples are land contaminated with asbestos, arsenic, radon and, although it doesn’t strictly fall within the definition, there is specific guidance to deal with claims to remove Japanese Knotweed!

3. What costs qualify?

The principle is additional costs incurred as a result of the contamination.  For example, materials, subcontractors and even internal staff time costs.

4. When can the relief be claimed?

The relief is available when the costs are charged to the company’s profit and loss account.  In the most common example, in property development companies where costs are carried forward as work in progress on the balance sheet, the relief is claimed when the developed properties are sold.

The advice is simple!  Any costs you believe are related to land remediation should be grouped together as they are spent to be reviewed when the tax computations are prepared.  Remember – it is much easier to ensure all costs are collected if this is done throughout the year rather than looking back in hindsight when the year-end has long passed.

Flat Conversion Allowances – Get ‘em while they’re hot!

In May 2012, HM Treasury released its consultation paper relating to the “enveloping” of high value residential property.

Much has been written about it already, so I won’t bore with another summary – but it made me want to revisit what had resulted from a previous consultation issued in May 2011. If you missed that one, it was entitled “Consultation on the removal of 36 tax reliefs” – I can’t deny that the title is snappy and to the point.

Using the Government’s words, that consultation was issued so as “to simplify the tax system through the removal of reliefs”.

So let’s pick one of the 36 at random – Flat Conversion Allowances – and see what happened to that relief?

Well, no prizes for guessing that in December 2011, Flat Conversion Allowances (sometimes called Flats Above Shops relief) were repealed and they will be withdrawn for expenditure incurred after March 2013.

It strikes me as odd, that when there is a shortage of affordable property in parts of the UK, and when the smaller end of the construction industry is on its knees, the relief is repealed. Or, perhaps there is greater wisdom involved in that by giving advance notice of the repeal, it will accelerate property owners’ decisions to convert and give a much needed boost to the construction sector (I’ll leave the funding issues as a matter for another day!)

All I know is that anyone thinking about converting under-used space above commercial premises may want to revisit this relief and reconsider the timing of their plans if they want to claim the currently available 100% capital allowances.

When does a buy-to-let property become a trade?

When a buy-to-let property is sold it would normally attract capital gains tax at 28% (and sometimes a lot less if the property has been the sellers main residence at some point in time). But what would the position be if it was treated by HM Revenue and Customs as a trade rather than an investment activity? A property developer is taxed very differently from an investor. The profit on sale would be taxed as an income profit at income tax rates of up to 50%. In addition, the computation of a capital gain is different from the computation of an income profit and in some instances the income route may actually be beneficial if borrowing costs are very high as interest charges may be offset against trading income but not against the capital gains of the investor.

Whether a business is a trade or investment business will be a matter of fact and can be heavily influenced by the intention of the trader. If a person purchases a property with the intention of quickly doing up the property in order to sell on at a profit then the facts strongly point towards trading activity. On the other hand if the property is purchased with the intention of letting on a long term basis then this strongly points towards investment. Not all situations are clear cut and intentions can change. A property bought for long term letting could turn into a trading project if say it was decided that current market circumstances favoured a quick sale. Alternatively a property acquired as a development project may turn into an investment if once development has finished it is decided to retain the property for long term letting.

A switch from trade to investment or vice versa can cause problems as the movement to or from stock causes a tax point to arise based on market value at the point of sale. This means that tax will become payable at the point of change rather than on sale and at that point there will be no cash proceeds to fund the tax cost.

If you currently have a property which you are letting or developing and would like to talk to us about its trading or investment status or any other tax or accounting issue related to the property then please contact a member of our property team.

15% SDLT – “Stop the world, I want to get off – well at least until the 2012 Finance Act is passed”

We’re well aware of the recent budget announcement for a 15% SDLT charge on certain property acquisitions, but this created a hiatus period between the budget being announced and the likely passing of the Finance Act in June/July 2012.

Let’s summarise below what the Finance Bill currently states:

  • A punitive SDLT rate of 15% will apply where a residential property costing over £2m is purchased by anything other than a person, eg, a Limited Company. The SDLT rate for a “person” making that same purchase would be 7% so clearly, this has a big impact – even on a £2m acquisition the difference in SDLT is £160,000.
  • When drafting the 2012 Finance Bill, the Government have clearly listened to property developers and so have included a very narrow exclusion for them. The current draft therefore allows those developers who buy the property in the course of a bona fide property development business and for the sole purpose of “developing and reselling the LAND” to pay 7%, and not 15% SDLT.

Furthermore, the property development company must have carried on that business for at least two years before the transaction to qualify.

  • Note the inference that the company must make the purchase with a view to development and resale – not holding for investment purposes. There is no indication as to how any change of intention will be taxed.

There are therefore TWO particular risks for anyone currently making a relevant acquisition:

    1. That there is some change to the drafting of the Finance Bill before it is finally passed that makes the criteria more strict for example, the 2 years standing is increased – this is remote, but a risk nevertheless.

 

  1. That the get out for property developers is narrower than my reading of it would infer. Of specific interest is the word LAND that I have written in capital letters above.

The legislation refers specifically to “reselling the land” but does the re-development of a building count as “land”. I’m sure there is case law around to support one view or the other, and the chances are that this is not as significant as feared – but hey, when we’re talking about £160,000 in SDLT even on a £2m purchase, it would be unwise to ignore this risk.

So until the Finance Act is passed as law, uncertainty reigns supreme and leaves two obvious questions:

– what exactly are corporate developers supposed to do, and

– what does this do to the high end residential property market?