Real estate tax

9 October 2024

Strategic tax advice at the outset can help to ensure that any transaction or restructuring runs smoothly and that there are no unplanned delays or forks in the road. Every corporate or real estate transaction comes with its unique tax implications. Our Tax team is dedicated to helping you optimise your structure with practical solutions to maximise allowances, mitigate liabilities, and ensure your tax affairs are in perfect order.

We provide strategic advice on property investment, development, finance, and funds, covering direct and indirect taxes like Stamp Duty Land Tax, and VAT, and business rates. Our clients range from institutional and private investors to developers and entrepreneurs, both in the UK and internationally. We collaborate closely with our Real Estate and Private Wealth teams from the outset.

When it comes to real estate strategy—whether acquiring, disposing, leasing, developing, constructing, or investing in commercial property—numerous tax issues arise. Our expertise in respect of property taxation covers:

VAT on purchases and development
Stamp Duty Land Tax on property acquisitions
Direct taxation on income, profits, or gains
Capital allowances to reduce taxable income
Structuring property ownership for investor attraction and tax-efficient exits
Bespoke property structures like REITs and PAIFs
Aligning corporate transactions with commercial objectives

We work closely with our colleagues in Private Wealth to ensure that innovative solutions are devised to ensure that the structure works efficiently from the Ultimate Beneficial Owner all the way to the lowest tier subsidiary.

In addition, Forsters’ Tax team is heavily involved with M&A matters, negotiating warranties and indemnities and W&I policies and analysing the availability of the substantial shareholding exemption for corporates and entrepreneurs’ relief for individuals.

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Mary Jacobsen

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Oliver Claridge

29 August 2024

Oliver provides tax advice relating to commercial and residential real estate, corporate M&A deals, and corporate aspects of private client deals. His advice includes profits on trading, VAT, SDLT and capital taxes.

He advises on a range of corporate tax issues, covering taxes on UK residential and commercial property transactions, withholding taxes on international finance deals, tax provisions in corporate M&A transactions, structuring for UK and international clients, taxation of crypto-assets and taxes affecting employers and employees.

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Mary Jacobsen

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Elizabeth Small

29 August 2024

Elizabeth is a go-to tax lawyer who has an enthusiasm for out-of-the-box thinking and has been described as ‘committed, technically sound’ and ‘pragmatic’.

As a Partner and Head of Corporate Tax, Elizabeth specialises in corporate tax, focusing on M&A and corporate reorganisations/restructurings. She advises large institutional clients on forward-funding transactions and high-end mixed-use developments. Elizabeth provides comprehensive guidance on various tax issues, including VAT, SDLT and CIS, ensuring all aspects of the transaction are considered for optimal tax efficiency. Additionally, she advises on the use of entrepreneur’s relief and employee incentives to further benefit her clients.

Elizabeth has particular expertise in dealing with enfranchisement matters. Her work includes acting for the Phillimore Estate and the Crown Estate, dealing with their enfranchisement claims and management issues arising from their property portfolios.

Her experience in commercial and residential property encompasses the full range of property types, including hotels, bars, care homes and student accommodation, as well as offices and prime residential property and she works with the whole spectrum of clients who have interests in property, including pension funds, international property developers and landed estates.

Elizabeth is an enthusiastic and engaged tax lawyer who loves her subject and enjoys getting the best commercial outcome for her clients. Thinking creatively, she brings a wide range of experience to the matters she works on.

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Mary Jacobsen

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Heather Corben

29 August 2024

Acknowledging her invaluable ‘can-do attitude’ and ‘creative thinking,’ Heather’s clients cite ‘her knowledge of complex multi-jurisdiction corporate structures’ and her ‘extensive network when working with unusual jurisdictions.’

As a Partner in the Tax team, Heather has a wealth of knowledge in direct and indirect tax issues and regularly advises on corporation tax, capital gains tax (including NRCGT), income tax, national insurance contributions, VAT, stamp duty land tax and the construction industry scheme. She advises a wide variety of clients on corporate real estate transactions, acquisitions, disposals, developments, and joint ventures. Her experience includes advising on hotels, student accommodation, care homes, commercial and mixed- use developments. Heather is also an expert in real estate fund structures.

She advises on M&A transactions, corporate re-organisations and setting up share incentive plans.

Heather’s priority is to provide clients with clear advice and support in challenging situations, always ensuring that she has a complete understanding of their commercial objectives and striving to meet these in an efficient manner.

Her clients include domestic and international property investors and developers, institutional real estate investors (including pension funds), blockchain and crypto-asset businesses, corporates, international executives, and high net worth individuals.

Heather’s wide-ranging experience includes everything from advising on the tax aspects of the purchase of a football club to working with a small UK start-up right through its lifecycle to becoming a major international group.

Media contact

Mary Jacobsen

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