‘Off-plan’ purchases and capital gains tax post-Higgins

Mark Cawthron, tax writer at Croner-i, looks at how prospective purchasers of flats off-plan, and developers offering such flats, might think about reacting to the decision in the recent case of Higgins, with a view to seeking to mitigate or remove such difficulty

‘Off-plan’ purchases have been a feature of the modern UK residential property market. The Upper Tribunal decision in Higgins [2018] BTC 523 creates – or perhaps confirms – a difficulty for individuals purchasing flats off-plan that they intend to live in as their residence (or main residence).

The d

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