Subscribe to Property Tax Insider

Some homeowners who are fortunate enough to have a larger drive than is required for parking their own motor vehicles advertise on websites or apps such as JustPark or YourParkingSpace for motorists to rent a parking space on their drive, for a period of hours or possibly days.

Mark McLaughlin points out that some homeowners might be missing out on a potential source of income from their property.

The Supreme Court’s decision in Orsted West of Duddon Sands (UK) Ltd v Revenue and Customs [2026] UKSC 12 revisits a familiar capital allowances question but answers it in a way that is likely to reshape how many projects are analysed. 

The issue was whether expenditure on studies and surveys undertaken in connection with offshore wind farms qualified as expenditure ‘on the provision of plant’ under CAA 2001, s 11. Although the case concerned renewable energy projects, its relevance extends far beyond that sector. 
 
Angela Petty examines the Supreme Court decision in the Orsted West case and its practical implications for businesses.

Trust funds tend to evoke images of wealth, which is a world away from the ‘ordinary’ person. 
In fact, a trust is purely an arrangement where an individual (the settlor) transfers an asset into a trust run by other persons (the trustees) for the benefit of someone else (the beneficiary). 
The trust has an independent existence from the trustees, who can retire or join with no implications except if a non-resident trustee is appointed. 

Debbie Reyland considers when a trust may be used to mitigate capital gains tax on property. 

The way in which income from letting properties which are jointly owned is taxed depends on whether a partnership exists and if not, whether the co-owners are spouses or civil partners. 
It should be noted at the outset that merely owning property jointly does not in itself give rise to a partnership, and in most cases, the letting of a jointly-owned property will not constitute a partnership. 
What then is a partnership, and when will one arise in relation to property letting? 

Sarah Bradford explains why there will not always be a partnership for tax purposes where property is jointly owned.

Property partnerships seem popular these days – typically, as a stepping-stone to greater things. Regular readers will know that I have long criticised HMRC’s published position on whether a property partnership exists, as distinct from simply co-owned property. My argument is that HMRC has drawn up its guidance to set an unreasonably high threshold to ‘make the grade’ as a partnership.

Lee Sharpe looks at whether a joint property letting activity amounts to a partnership, and why it is relevant to landlords.  

Most people do not expect to have to pay capital gains tax (CGT) when they sell their home. Private residence relief (also known as main residence relief or principal private residence relief) normally applies in full when the property has been the taxpayer’s only or main residence throughout the whole period for which they have owned it.  

Sarah Bradford outlines the concept of a ‘main’ residence for capital gains tax purposes. 

The government (HMRC) has become increasingly worried about the volume of small and medium-sized enterprise research and development (R&D) tax credit payments where a company claims to have undertaken eligible R&D activity (and it is important to keep in mind that only certain types of R&D may qualify – there are a lot of criteria).

Lee Sharpe looks at tax aspects of modernising property and the risk of disallowance as improvements that constitute capital expenditure, losing income tax relief in the property business. 

Whether to buy commercial or residential property depends on various factors, not least the more beneficial tax system for commercial lets and whether an individual or a company is purchasing the property. The government wishes to encourage commercial lets and therefore permits a more generous tax regime than residential lettings. 

Jennifer Adams considers some important tax benefits of investing in commercial property.