Commissioners for HMRC v Personal Representatives of Vigne [2023] WTLR 1259
Winter 2023 #193The late Mrs Maureen Vigne died on 29 May 2012. At that time, she was the sole owner of approximately 30 acres of land. From 2008 a livery business was operated on or from the land, offering a package which included:
- (1) the provision of worming products, including administering them where and when necessary (if an owner was unable and/or unwilling so to do), on a quarterly basis;
- (2) providing the horses with hay feed during the winter months when the grass might not provide a sufficient food source – a hay crop was grown on part of the land, referred to as the hay...
Dunsby v HMRC [2022] WTLR 81
Spring 2022 #186Mr Mark Dunsby participated in a tax avoidance scheme devised and promoted by De Sales Promotions Ltd. As part of the scheme, in March 2013, Mr Dunsby had a company, of which he was sole shareholder and director, issue a non-voting share to a non-resident individual, Mrs Fiona Gower. Mrs Gower established a trust and settled the share in the trust, with the benefit of any dividends being for Mr Dunsby, and Mr Dunsby’s company paid £200,000 as a dividend in respect of the settled share. As a result of the scheme, Mr Dunsby received £195,400. HMRC issued a closure notice dated 31 March 201...
Commissioners for HMRC v The Quentin Skinner 2005 Settlement L & ors [2021] WTLR 127
Spring 2021 #182On 30 July 2015 Mr Ludovic Skinner (LS), Mr Rollo Skinner (RS) and Mr Bruno Skinner (BS) were given interests in possession under the L Skinner Settlement, the R Skinner Settlement and the B Skinner Settlement respectively in the whole of the settled property. On 11 August 2015 Mr Quentin David Skinner (QS) gave 55,000 D ordinary shares in DPAS Ltd to each of those settlements. LS, RS and BS had, since 2011, each held 32,250 C class shares with full voting rights in the company and were also officers of DPAS Ltd from at least 2011 onwards. On 1 December 2015 the trustees of the settlemen...
Densham v Charity Commission [2019] WTLR 473
Summer 2019 #175Introduction
This case involved two inclosure awards made in the nineteenth century under powers conferred by s73 of the Inclosure Act 1845. Each award allotted land to the Churchwardens and Overseers of the Poor for the parish “to be held by them and their successors in trust as allotments for the labouring poor of the said parish …” The land, which is in Buckinghamshire, is now held by Hughenden Parish Council.
The Charity Commission considered that the land held for local allotments was subject to charitable trusts for the relief of the...
Perwaz v Perwaz [2019] WTLR 275
Spring 2019 #174The Respondent was originally the sole proprietor of 54 Beaulieu Close, Slough (‘Property’). The Appellant, who was one of her children, managed the family wholesale grocery business. He and his wife moved into the Property to live with the Respondent and spent money on its extension and refurbishment. On 12 October 2012 the Respondent made a new Will gifting a 25% share in the Property to the Appellant and giving him an option to purchase the whole on her death. On the same day the Respondent executed a Declaration of Trust by which she declared that she held the Property as to 75% for ...
HMRC v Parry & ors [2018] WTLR 1267
Winter 2018 #170Mrs Staveley established a company known as Morayford with her husband Mr Staveley. She was director of the company, and had a large pension fund with its occupational pension scheme. She divorced from her husband in 2000. Indeed the terms of the divorce, her share of the pension scheme was to be transferred to her. In July 2000, and upon advice, she transferred her fund from the Morayford scheme to a s32 scheme.
In 2004, she was diagnosed in December 2004 with cancer. In 2006, by which time her prognosis was poor, she was advised to transfer her pension fund into a perso...
Hood v HMRC [2017] WTLR 999
Autumn 2017 #169Lady Hood was the lessee of premises at 67 and 67A Chelsea Square, London SW3 (premises) which had been granted by Viscount Chelsea and Chelsea Land & Investment Company Ltd and Cadogan Holdings Company (Cadogan) on 21 September 1979 for a term due to expire on 25 December 2076 (head lease). By licence granted by Cadogan a reversionary sub lease of the premises was granted by Lady Hood to her sons on 19 June 1997 to commence on 25 March 2012 and to expire on 22 December 2076 (sub lease). Lady Hood as sub-lessor and her sons as sub-lessees respectively covenanted to perform and observ...
Davis v Wiggett [2016] UKUT 358 (TCC)
November 2016 #164Mr Davis employed Mr Wiggett in his building business from 2007 to 2011. According to Mr Wiggett, they had a common intention to purchase a flat, do it up and let it out. As he already had a mortgage, 68b Queen’s Road, Cheltenham (the flat) was bought in Mr Davis’ sole name for £137,500 in 2008 and, by virtue of their express agreement, on which he relied to his detriment by contributing to the purchase price and working on the property, Mr Wiggett claimed to be a beneficial co-owner under a common intention constructive trust and entitled to half of the equity. Mr Davis, on ...
Wood v HMRC [2016] UKUT 346 (TCC)
October 2016 #163In June 2010, Michael Wood admitted to under-declarations of income tax for the years 2002-03 to 2007-08 amounting to £743,424 and made a payment of tax of £352,983. This was made with a view to taking advantage of an HMRC disclosure opportunity for medical professionals called the ‘Tax Health Plan’, with a fixed tax geared penalty of 10% of the amount of tax under-declared. HMRC argued that the disclosure fell within the Tax Health Plan and opened a Code of Practice 9 investigation into his affairs. Michael Wood agreed to provide a disclosure report (the disclosure report) into his affa...
Bowring & anr v HMRC [2015] UKUT 550 (TCC)
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...