Rittson-Thomas & ors v Oxfordshire County Council [2021] WTLR 679
Wills & Trusts Law Reports | Summer 2021 #183The appeal concerned Nettlebed School in Oxfordshire. In 1914 and 1928, Mr Robert Fleming conveyed land to Oxfordshire County Council (the council) under the School Sites Act 1841 (SSA 1841). The benefactions enabled a new school building to be built. The school operated on the site until 2006. In the 1990s, the council decided to relocate the school to a new building with improved facilities on other land owned by the council (adjacent to the old site), and the pupils moved to the new building in February 2006. The council’s plan was to sell the old site to pay o...
Dunsby v Commissioners for Her Majesty’s Revenue and Customs [2021] WTLR 157
Wills & Trusts Law Reports | Spring 2021 #182This was an appeal concerning a tax avoidance scheme designed to allow shareholders in private companies to extract profits without paying income tax on them.
Prior to entering into the scheme, T was sole director and shareholder of M Ltd. The scheme had three steps:
- (1) On 11 March 2013, the board of directors of M Ltd (ie T as sole director) and T resolved to approve the creation of a new class of ‘S’ ordinary shares and the necessary amendments to M Ltd’s articles of association. On the same day, M Ltd (by resolution of T as sole shareholder) created the new S clas...
Bowring & anr v HMRC [2015] UKUT 550 (TCC)
Wills & Trusts Law Reports | January/February 2016 #156The appellants (CB and JB) brought an appeal against a decision of the First-tier Tribunal (FTT) on 25 June 2013 in which it dismissed the appellants’ appeals against closure notices by HMRC containing amendments to the appellants’ self-assessment tax returns for 2002-03. The effect of the amendments was that the appellants were liable to capital gains tax (CGT) of £849,644 and £317,417 respectively of additional gains under s87 of the Taxation of Chargeable Gains Act 1992 (TCGA) and supplemental charges under TCGA, s91.
In 1969, the ap...
The Pollen Estate Trustee Co Ltd & anr v HMRC [2013] EWCA Civ 753
Wills & Trusts Law Reports | November 2013 #134The Pollen Estate Trustee Company (PETCL) held various London properties on trust for the beneficiaries of the Pollen Estate Trust (PET). Two of the beneficiaries of the PET were charities, being the Church Commissioners and Greenwich Hospital. From time to time PETCL bought and sold property. The appeal concerned four properties bought by PETCL on behalf of the PET between 2006 and 2008.
KCL is a charity. It operates a shared equity scheme under which it participates in the acquisition of homes for its employees in return for a share in the equity in the property proportionate to...