Tax when selling land for development
This page says what the taxes are called and when they tend to arise, so that you know what to ask your accountant. It is not advice and the rules change. HM Revenue and Customs publishes the current rules at gov.uk.
Capital gains tax
When land is sold for more than it cost (or was worth when inherited), the gain is taxed. The rates for land differ from those for shares and from those for residential property; the current rates are on gov.uk. The gain is worked out on the sale, not on the signing of an option or promotion agreement, so the agreement itself does not trigger the tax. An option fee paid on signing can be taxable in the year it is received.
Reliefs that may apply
- Private residence relief where the land is part of the garden of your main home, of an appropriate size, sold while you still live there.
- Rollover relief where farmland used in a trade is sold and the proceeds are reinvested in qualifying business assets within the time limit.
- Business asset disposal relief where the sale is of part of a trading business, at a reduced rate up to a lifetime limit.
- Inheritance tax is a separate question: land that has development value can lose agricultural property relief on that value, which matters if the land is to be passed on rather than sold.
Why timing matters
Whether relief applies can turn on the order of events: selling the house before the garden, stopping farming before the sale, the length of an option. An accountant who sees the heads of terms before you sign can often change the outcome. We will send the heads of terms to your adviser at the same time as to your solicitor.
Questions landowners ask
Straight answers
Do I pay capital gains tax when I sell land for development?
Does signing an option agreement trigger capital gains tax?
Is there capital gains tax on selling part of my garden?
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