UK real property

UK real property

UK real property is often purchased by or for international private clients for personal use, investment or trading purposes. Where individuals are non-UK resident or UK resident but non-UK domiciled (non-dom), it has been common practice to hold UK property indirectly through offshore structures for tax, probate and privacy reasons. To increase the tax intake on UK property held through structures and to increase transparency, the government has introduced a wide range of measures aimed at those holding UK real property indirectly.

This subtopic focuses mainly on the taxation of residential property acquired for personal use by or on behalf of non-resident and UK resident non-doms, but also provides introductory guidance on investment and commercial property taxes.

Taxes on buying, holding and disposing of UK property

To tackle avoidance various new and revised taxes on buying, holding and disposing of UK property have been introduced or announced since 2011. These measures are outlined below and relate principally to the introduction of the annual tax on enveloped dwellings (ATED) and to further stamp duty land tax (SDLT) and capital gains tax (CGT) charges. The measures

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Latest Private Client News

Private Client weekly highlights—21 November 2024

This week’s edition of Private Client highlights includes: (1) Wigglesworth v Beetson, in which the claimant failed in an action for estoppel and adverse possession; (2) the Hansard Society to host a briefing on parliamentary process for Assisted Dying Bill; (3) Khan v Khan, which considered family property and constructive trusts; (4) analysis of the Autumn Budget announcement to bring unused pension funds and death benefits within the scope of IHT; (5) Palmer v Sans, which found that there was no transaction at an undervalue where property was already held on trust for the transferee; (6) KA v FA (The Secretary of State for the Home Department intervening), where the court recognised an overseas adoption notwithstanding failure of common law test; and (7) Kireeva v Bedzhamov, in which the Supreme Court has confirmed the application of the immovables rule to English property.

Privy Council rules BVI company shares are not immovable property (Al Thani v Al Thani)

Private Client analysis: In a decision which will come as a relief to private individuals who own shares in BVI companies, the Privy Council has decided that section 245 of the BVI’s Business Companies Act 2004 does not have the effect of re-categorising shares as immovable property for the purposes of succession. Written by Kyle Bonnell, pupil at XXIV Old Buildings.

Supreme Court confirms application of immovables rule to English property

The Supreme Court has unanimously dismissed Ms Kireeva’s (Russian bankruptcy trustee’s) appeal to overturn the Court of Appeal’s’ decision regarding matters arising out of the bankruptcy of Mr Bedzhamov. Peter Declercq and Patrick Elliot, partners at DCQ Legal (who acted for Ms Kireeva), discuss the implications of the judgment.

UT finds FTT made errors when setting aside HMRC best judgment assessment (HMRC v Sintra Global)

Tax analysis: In Sintra Global, the Upper Tribunal (UT) set aside the decision of the First-tier Tax Tribunal (FTT) insofar as it related to a notice HMRC had issued to an individual making him liable for the payment of a civil evasion penalty charged against a company he was a director of. The UT found that the FTT had failed to follow the guidance provided by the Court of Appeal in Pegasus Birds in relation to the assessment the penalty was based on.