header-logo header-logo

24 May 2013 / Peter Vaines
Issue: 7561 / Categories: Features , Tax
printer mail-detail

Taxing matters

istock_000018925770medium

Peter Vaines ponders the intelligent businessman & pesky postal services

The Upper Tribunal has found in favour of HMRC in the case of Mrs N Pawson Deceased v HMRC FTC/36/2012 regarding a claim for business property relief on assets used for a holiday letting business. The First Tier Tribunal had regarded the activity as a business qualifying for inheritance tax business property relief, but the Upper Tribunal has concluded that the property was an investment and not eligible for the relief.

Such arguments are, of course, always very fact specific. A property was operated as a holiday letting business and various services were provided. The essence of the decision was that the services were consistent with the holding of an investment and were not enough to prevent the business being mainly one of property investment. As the First Tier Tribunal had determined all the relevant facts, it was quite something for the Upper Tribunal to overturn its decision. However, Henderson J decided that the First Tier Tribunal judges were completely wrong. He said the true and only reasonable conclusion from the facts contradicted their

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll