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Change year: 2010

Section 639 Interpretation (Chapter 1)

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(1) In this Chapter, except where the context otherwise requires―

"company" includes any body corporate;

"development", in relation to any land, means―

(a) the construction, demolition, extension, alteration or reconstruction of any building on the land, or

(b) the carrying out of any engineering or other operation in, on, over or under the land to adapt it for materially altered use,

and "developing" and "developed" shall be construed accordingly;

"market value", in relation to any property, means the price which that property might reasonably be expected to fetch if sold in the open market;

"trading stock" has the same meaning as in section 89;

any reference to the disposal of an interest in land includes a reference to the creation of an interest, and any reference to the acquisition of an interest in land includes a reference to the acquisition of an interest which ceases on the acquisition.

What definitions apply in relation to profits from dealing in land?

(1) Development of land means the construction, extension, alteration or reconstruction of any building on the land, or the adaptation of land for materially altered use....

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(2) For the purposes of this Chapter―

(a) a person shall not be regarded as disposing of an interest in land by reason of the person conveying or transferring the interest by means of security or of the person granting a lease of the land on terms which do not require the payment of any fine, premium or like sum, and

(b) an option or other right to acquire or dispose of any interest in any land shall be deemed to be an interest in the land.

Is it a disposal where I transfer property as a security?

(2) The transfer of property as security (for example for a loan or mortgage) is not a disposal....

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(3) This Chapter shall apply notwithstanding Chapter 8 of Part 4.

How are profits of dealing in or developing land taxed?

(3) Profits of dealing in or developing land, are to be taxed as trading profits (not rental income)....

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