BIM60105 | Measuring the profits (particular trades): land: trading transactions: acquisition and disposal of superior interest - marriage value
From HM Revenue & Customs · Business Income Manual
Where a tenant acquires and resells a superior interest in land, our argument is:
such transactions involve two separate assets - the tenancy and the freehold,
the tenancy is a capital asset and any gain on that asset will be a capital gain,
the freehold was not acquired with the intention to retain but to sell at profit,
the freehold was therefore never part of the purchaser’s capital structure and is not consequently a capital asset,
it is the profit on the freehold alone that we wish to isolate and tax as the profit of an adventure in the nature of trade,
that profit is part of a marriage profit which is generated when the tenancy and the freehold merge.