BIM60330 - Land transactions: ICTA88/S776: Person obtaining the gain



The person, or persons, who obtain the gain are:

  • The person acquiring, holding or developing the land or any connected person (ICTA88/S776 (2)(i)) (see BIM60475).
  • Any person, provided there exists an arrangement or scheme which enables a gain falling within the ICTA88/S776 to be realised and that person is a party to, or concerned in, that arrangement or scheme (ICTA88/S776 (2)(ii)).

Whichever of the above categories is relevant, ICTA88/S776 also applies where the person falling within either category obtains the gain for some other person (ICTA88/S776 (2)).

The person who provides the opportunity for another person to realise a gain may also be caught by ICTA88/S776 (8), (see BIM60335).