capital gains tax – Charles Cooper

McCabe v. HMRC [2024] UKUT 280 (TCC)

In the application of the common law test of residence for Capital Gains Tax purposes, transferring the UK family house into his wife’s name, renting or purchasing living and office accommodation in Belgium for 7 years, and electing not to stay overnight at the family house during visits to the UK, is not sufficient to…
Read more: McCabe v. HMRC [2024] UKUT 280 (TCC)
Haworth & Ors v. HMRC [2024] UKUT 58 (TCC)

When identifying the place of effective management (‘POEM’) of a trust for the purposes of Capital Gains Tax and the ‘Round the World’ tax planning scheme, which is only effective where the POEM of the trust is in Mauritius, the correct test is that set out in HMRC v. Smallwood [2010] EWCA Civ 778, not…
Read more: Haworth & Ors v. HMRC [2024] UKUT 58 (TCC)
HMRC v. Lee [2023] UKUT 242 (TCC)

Where the original dwelling house is demolished after purchase and a new dwelling house constructed, the ‘period of ownership’ for Capital Gains Tax Private Residence Relief (s.222 TCGA 1992) starts from completion of the new house, the comments of the Court of Appeal in Higgins v. HMRC [2019] EWCA Civ 1860 having been obiter and…
Read more: HMRC v. Lee [2023] UKUT 242 (TCC)

Charles Cooper | Barrister