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Plotting away

28 November 2007
Issue: 4136 / Categories: Forum & Feedback
The tax implications of developing a garden.

My client purchased a piece of land (which has three areas say A B C) in 1984. He finally obtained planning permission on A on which he built a house with C as the garden and he and his wife occupied this in 1986. He retained area B as a builders' yard (his building company operates from home) but gifted A and C to his wife in 1987.

In the 1990s outline and detailed planning permission was obtained for a house on C.

In 2006 he personally acquired another plot D for use as more garden. Also in 2006 a mortgage on the house was required for business funding so A was gifted by the wife into joint names.

The wife is now considering a sale of the garden C to their son at market value on...

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