Tax clearances: transactions in land before 5 July 2016

The note outlines the pre-5 July 2016 anti-avoidance legislation targeting transactions in UK land, which could tax gains as income instead of capital, and the procedure for obtaining HMRC clearance for such transactions. The new transactions in land code, which came into effect on 5 July 2016, significantly does not provide for a statutory clearance procedure. However, non-statutory clearances, as to which, see Standard document, Application to HMRC under the non-statutory clearance procedure may be relevant.

James Ross and Matthew Herrington, McDermott Will & Emery UK LLP

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