Taxation logo taxation mission text

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

Readers’ forum: Capital gains tax on part disposal of farmland

03 May 2022
Issue: 4838 / Categories: Forum & Feedback

My client is a farming partnership. The partnership and the farmhouse farmland and farm buildings are owned equally by two brothers A and B who farm the land. Brother A is the only one who actually lives in the farmhouse with his nonfarming sister in joint occupation.

Brother B does not live in the farmhouse and has his own separate private residence which he built from a converted barn elsewhere on the farmland.

It is now proposed to dispose of part of the garden of the existing longstanding farmhouse to the adult daughter of Brother B. In my opinion this will qualify for a disposal of part of the garden in circumstances as mentioned in HMRC’s Capital Gains Manual CG64832 the part owner Brother A being prepared to tolerate some curtailment of the reasonable enjoyment of his own residence.

However concerning the half...

If you or your firm subscribes to, 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 '' for further assistance.

back to top icon