Charles Cooper | Barrister

Category: Tax

Demetriou & Anor v. HMRC [2024] UKFTT 830 (TC)

A managed chalk stream trout fishery ‘was mainly a business of holding investments’ and does not benefit from Inheritance Tax Business Property Relief under s.104 ITA 1984: https://caselaw.nationalarchives.gov.uk/ukftt/tc/2024/830
Read more: Demetriou & Anor v. HMRC [2024] UKFTT 830 (TC)
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)