Taxation logo taxation mission text

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

Property risk

07 April 2015
Issue: 4495 / Categories: Forum & Feedback , Investments , Land & property

Will a loan to refurbish a property mean that a trade is being carried on?

George has just inherited a property from his mother with a market value of £250 000. The property is in poor condition and an estate agent has told him that if he spends £40 000 on a new kitchen new bathrooms and general redecoration it could be sold for £350 000.

George does not have £40 000 to spare so his friend Bill has offered him a loan. The loan will be interest free but George and Bill have agreed to split the profit equally.

I do not believe that these arrangements should be treated as trading transactions. Neither George nor Bill works in the property industry and neither has a history of similar transactions although Bill does own several buy-to-let properties.

I therefore think that George as sole owner of the property will be taxed on a capital gain of £60...

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