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Green and pleasant land? VAT and Natural Capital

Brigitte Potts (Evelyn Partners) and Joshua Stevens (Pump Court Tax Chambers) consider the VAT implications of credits or biodiversity units in tackling climate change.

Much like the English countryside itself the current legal landscape for Natural Capital is a patchwork of the national and the local the intentional and the accidental.

There are two recent developments however which have the potential to transform this legal patchwork: first the newly introduced biodiversity net gain (BNG) rules; and second the drive to scale up private investment through nature markets. Both of these related developments trace their evolution back to the government’s 2018 25 Year Environment Plan.

These developments have implications of course for the natural environment we all live in. For certain rare breeds however engaging questions of VAT also arise.

BNG

Schedule 14 of the Environment Act 2021 introduced into...

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