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Transactions in Land - Non UK Land

I'm aware that the Transactions in Land provisions only deal with land situated in the UK. 

Are there equivalent anti-avoidance provisions about land outside the UK?

Client, UK resident, has been gifted land in Belgium (we'll be advising they seek specialist advice there) and I just want to make sure there's nothing else I should be considering, other than the normal badges of trade rules. 

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27th Apr 2018 07:06

You might hope that there were, mighn't you. It could be costly in tax terms if it was taxed as a trade in one country and as a gain in the other.

But I'm not aware of "equivalent anti-avoidance provisions" of the type you describe.

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27th Apr 2018 08:57

You have only told us that the client has been gifted the land. What is the problem you envisage??

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to chicken farmer
27th Apr 2018 09:52

They have applied for planning permission on the land. Was going to highlight the TIL provisions as a potential risk area, particularly if they do any of the development work, but as TIL only applies to UK land, thought I'd double check there's no equivalent UK legislation for non UK land.

Chances are it'll be sold when planning is granted anyway.

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to KevinMcC
27th Apr 2018 11:03

I also am not aware of any equivalent legislation covering non-UK land BUT you should check out the Belgian domestic law and then consider the effect of a claim under the UK-Belgium Double Tax Treaty

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