Tax Planning

Ecosystem Services Payments: What UK Landowners and Developers Need to Know

New HMRC guidance clarifies how payments for ecosystem services—such as carbon credits, biodiversity gains, and nutrient credits—will be taxed. Landowners and developers alike should pay attention to income vs capital distinctions.

By NomadicTax Research Team • 5-8 min read • June 21, 2026

## What Are Ecosystem Services Payments? Ecosystem services payments include financial compensation for environmental benefits such as: - **Biodiversity Net Gain** (BNG) - **Nutrient Credits** and **Nutrient Neutrality** obligations - Voluntary schemes like the **Woodland Carbon Code** and **Peatland Code** ([gov.uk](https://www.gov.uk/government/publications/ecosystem-services-technical-note/technical-note-on-ecosystem-services?utm_source=openai)) These contracts often come from developers, local authorities, or other entities offering payments to landowners for deliverables such as carbon capture, habitat restoration, or improved water quality. ## Recent Guidance From HMRC (Published 14 May 2026) The HMRC’s **Technical Note on Ecosystem Services** sets out detailed tax treatment of these payments for: income tax, corporation tax, capital gains tax, VAT, stamp duty land tax, and inheritance tax. ([gov.uk](https://www.gov.uk/government/publications/ecosystem-services-technical-note?utm_source=openai)) Key clarifications include: - Distinguishing whether receipts are **capital or revenue** in nature, depending on facts such as duration, permanence, and whether existing trades or property businesses are involved. ([gov.uk](https://www.gov.uk/government/publications/ecosystem-services-technical-note/technical-note-on-ecosystem-services?utm_source=openai)) - Treatment of **expenditure** related to ecosystem contracts—what costs are allowable under income, property, or trade, and what may be capitalised. ([gov.uk](https://www.gov.uk/government/publications/ecosystem-services-technical-note/technical-note-on-ecosystem-services?utm_source=openai)) - How VAT applies—particularly when statutory units or voluntary credits are **tradeable instruments**, or part of regulated agreements.([gov.uk](https://www.gov.uk/government/publications/ecosystem-services-technical-note/technical-note-on-ecosystem-services?utm_source=openai)) ## Practical Insights and Tax Strategy - **Assess trade involvement:** If the land is already part of a farming business, or commercial property business, payments are more likely to be revenue and taxable under trade or property income. - **Document the commitment period:** Contracts that require long-term stewardship may tip the balance toward capital receipts—but contract duration alone doesn’t decide the issue.([gov.uk](https://www.gov.uk/government/publications/ecosystem-services-technical-note/technical-note-on-ecosystem-services?utm_source=openai)) - **Consider entity choice:** If you’re a company using land, corporation tax applies; individuals may use income tax rules. Seek advice to optimise structure. - **Prepare claims carefully:** Expenditure claims can differ based on land use—woodland vs peatland, commercial occupation vs conservation covenant. Don’t assume all costs are deductible immediately.([gov.uk](https://www.gov.uk/government/publications/ecosystem-services-technical-note/technical-note-on-ecosystem-services?utm_source=openai)) - **VAT implications:** Activities supplying statutory BNG units are **outside** standard VAT scope, whereas voluntary arrangements usually are within scope. Voluntary carbon credit sales might qualify for a special regime.([gov.uk](https://www.gov.uk/government/publications/ecosystem-services-technical-note/technical-note-on-ecosystem-services?utm_source=openai)) ## Example Case: The Developer and the Woodland Owner - A developer contracts a woodland owner to deliver **carbon credits and biodiversity gain** under a statutory planning obligation. Payments are made annually over 10 years. The woodland remains commercially managed and the owner periodically harvests timber. - Under HMRC guidance, proceeds will typically be **revenue of a trade**, taxed under income tax or corporation tax, not capital gains. Relevant costs (forest management, planting, maintenance) may be allowable expenses. VAT depends on whether the woodland owner is VAT-registered and how the credits are issued. Documentation of the woodland’s commercial use will support tax treatment. ## Actionable Checklist for Stakeholders | For Landowners | For Developers / Buyers | |---|---| | Determine if your land use qualifies as a trade or property business | Specify in contract whether payments are statutory/regulatory, and document obligations clearly| | Keep detailed records of expenditure (maintenance, professional fees) | Understand VAT obligations, especially if structuring credit trading or intermediaries | | Seek clarity on whether receipts might be capital | Review entity structure—individual, partnership, or company—for tax efficiency | Category: **Tax Planning** TaxHome: UK Author: NomadicTax Research Team ReadTime: 5-8 min Published: true