Bhiki v Revenue and Customs (Capital Gains Tax/Taxation of Chargeable Gains : Disposal): FTTTx 29 May 2020

CAPITAL GAINS TAX – transfer of property to a connected party to raise a mortgage – whether transfer a ‘disposal’ for capital gains purposes – Court Order governing the transaction – contract for sale and completion – whether s 60 TCGA as regards nominees and bare trustees – whether liability affected by the transfer being under an ‘implied trust’ – constructive or resulting – ss 68 and 70 of TCGA – discovery assessment under s 29 TMA stands good – penalty for inaccuracy in return under Sch 24 FA 2007 confirmed – appeal dismissed

Citations:

[2020] UKFTT 243 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Capital Gains Tax

Updated: 30 January 2022; Ref: scu.652261