Taxation logo taxation mission text

Since 1927 the leading authority on tax law, practice and administration

Excess expense

30 July 2008
Issue: 4169 / Categories: Forum & Feedback
Is a payment to a neighbour allowed for capital gains tax?

My clients Mr and Mrs S have obtained planning permission on semi-derelict farm buildings acquired some years ago which when sold will produce a substantial gain. The buildings have been used for hobby and storage by my clients (no trade use) and the plan is to sell them to a developer/DIY builder as they stand. The planning permission is specific in that it requires the removal of an adjacent asbestos building not owned by my clients. The neighbouring farmer has agreed as long as my clients pay for the cost of the demolition (£16 000) and erect a replacement building at his yard some miles away at a cost of £24 000. I have checked this expenditure with HMRC and they consider that it will not qualify for relief for capital gains tax as it is neither:

  • an amount paid for the asset;
  • ...

If you or your firm subscribes to Taxation.co.uk, please click the login box below:

If you are not a subscriber but are a registered user or have a free trial, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this item in full.

Please reach out to customer services at +44 (0) 330 161 1234 or 'customer.services@lexisnexis.co.uk' for further assistance.

back to top icon