HMRC will regard you as trading if you display one or more "badges of trade." A summary of each 'badge of trade' is shown below with a brief pointer to its meaning.
Profit seeking motive
An intention to make a profit supports trading, but by itself is not conclusive.
The number of transactions
Systematic and repeated transactions will support 'trade'.
The nature of the asset
Is the asset of such a type or amount that it can only be turned to advantage by a sale? Or did it yield an income or give 'pride of possession'.
Existence of similar trading transactions or interests
Transactions that are similar to those of an existing trade may themselves be trading.
Changes to the asset
Was the asset repaired, modified or improved to make it more easily saleable or saleable at a greater profit?
The way the sale was carried out
Was the asset sold in a way that was typical of trading organisations? Alternatively, did it have to be sold to raise cash for an emergency?
The source of finance
Was money borrowed to buy the asset? Could the funds only be repaid by selling the asset?
Interval of time between purchase and sale.
Assets that are the subject of trade will normally, but not always, be sold quickly. Therefore, an intention to resell an asset shortly after purchase will support trading. However, an asset, which is to be held indefinitely, is much less likely to be a subject of trade.
Method of acquisition
An asset acquired by inheritance, or as a gift, is less likely to be the subject of trade.
These 'badges' will not be present in every case and of those that are, some may point one way and some the other. The presence or absence of a particular badge is unlikely, by itself, to provide a conclusive answer to the question of whether or not there is a trade. The weight to be attached to each badge will depend on the precise circumstances.
The approach by the courts has been to decide questions of trade on the basis of the overall impression gained from a review of all the badges.
- - All the gains you make on selling the properties will be subject to income tax at 20%, 40% or 50% rather than capital gains tax at 18%.
- - National Insurance Contributions will also be due on top of these income tax rates.
- - You will not be able to set your annual capital gains exemption (£10,100 for 2009/10) against the gains made from selling properties.
- - If you run the property business through a limited company the difference in tax rates will be far less.
- - You may need to register for VAT.
- - Any rents received may be taxed as incidental trading income.
- - The value of your business should attract a 100% exemption from Inheritance Tax as business property.
- - You can get tax relief for indirect or abortive expenses connected with buying and selling properties.
- - Any losses you make by trading in your own name can be set against your other income.
- - You may qualify for entrepreneurs' relief if you sell your whole property business.
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