Wills & Trusts Law Reports | December 2013 #135The appellant appealed against a decision of the First-tier Tribunal (FTT). The issue before the FTT was whether Mrs Ramsay had transferred to TPQ Developments Ltd (TPQ) a ‘business as a going concern’ in exchange for shares issued by TPQ so as to qualify for roll-over relief under s162 Taxation of Chargeable Gains Act 1992 (TCGA 1992). The FTT found that what Mrs Ramsay had transferred to TPQ was not a business within the meaning of s162 of the TCGA 1992.
Mr and Mrs Ramsay owned a property known as Moat House in Belfast (the property). On 1...
Wills & Trusts Law Reports | March 2013 #127In 2004, the appellant (Mrs Ramsay) and her husband transferred a property that they owned (Moat House) into a corporate vehicle, TPQ Developments Ltd, in exchange for shares in that company.
Moat House was a large property converted into ten flats. Five were occupied at the operative time.
On her tax return for 2004/05, Mrs Ramsay claimed relief under s162 Taxation of Chargeable Gains Act 1992 (TCGA) (rollover relief on the transfer to the company).
In September 2007 HMRC raised an enquiry notice.
Mrs Ramsay argued in correspondence that the nume...
Robert Blower and James d’Aquino assess the usefulness of STEP and HMRC guidance for practitioners ‘Prior to introduction of the updated legislation, the definitions of trustee residence for CGT and income tax were sufficiently distinct that trustees could find themselves resident for CGT but not income tax, and vice versa.’In response to widespread concern among …
Continue reading "Joint Guidance: Certainty about trustee residence?"
This post is only available to members.
