In Hopscotch Limited v HMRC [2019] TC07127 the FTT found that the redevelopment of a single house in order to sell it was not a property development trade; no ATED relief was due.

The Annual Tax on Enveloped Dwellings (ATED) introduced from 1 April 2013, is an annual charge on UK dwellings with a value of £500,000 or more and held by a non-natural person such as a company.

Hopscotch Limited was a BVI company, which had owned a house in Kensington for over 20 years.

The FTT agreed it was possible for the redevelopment of one property to amount to a venture in the nature of trade and for a person holding a property as an investment to decide that going forward it would hold the property for a trading purpose, appropriating it from capital account to trading account, but found that this had not happened as Hopscotch had not carried on a property development trade.

The appeal was dismissed.

Update

The taxpayer appealed to the Upper Tribunal.  Read the summary here.

Links to our guides:

Annual Tax on Enveloped Dwellings (ATED)

De-enveloping property

Profits from dealing in or developing UK land

External link:

Hopscotch Limited v HMRC [2019] TC07127