Charles Cooper | Barrister & Mediator

Category: Tax

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)
Butler & Ors v. HMRC [2023] UKFTT 00872 (TC)

Where catering is provided by a separate business, a wedding venue is ‘predominantly for the purpose of holding its property as an investment’ and Business Property Relief does not apply for Inheritance Tax purposes: https://caselaw.nationalarchives.gov.uk/ukftt/tc/2023/872
Read more: Butler & Ors v. HMRC [2023] UKFTT 00872 (TC)