Corporation Tax Act 2009 section 5B

Trade of dealing in or developing UK land

Section 5B defines what constitutes a non-UK resident company's "trade of dealing in or developing UK land" for corporation tax purposes, including the scope of relevant activities and the meaning of key terms.

  • A non-UK resident company has a trade of dealing in or developing UK land if it deals in UK land, develops UK land for disposal, or has profits treated as arising from such a trade under specific anti-avoidance rules
  • The two core activities caught are dealing in UK land and developing UK land with the intention of disposing of it
  • Land is broadly defined to include buildings, structures, any estate, interest or right in or over land, and land under the sea or otherwise covered by water
  • UK land means land situated in the United Kingdom, and disposal is interpreted in line with the relevant provisions of the Corporation Tax Act 2010

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