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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  















Capital Gains Tax - From: 2000 To: 2000

This page lists 7 cases, and was prepared on 20 May 2019.

 
Green v Cobham (2002) STC 820; [2000] EWHC 1564 (Ch); (2001-02) 4 ITELR 785; [2000] WTLR 1101; [2002] STC 820; [2002] STI 879; [2002] BTC 170
19 Jan 2000
ChD
Jonathan Parker J
Capital Gains Tax, Equity
cw The Trustees had overlooked the fact that a Will Trust and two sub-settlements together constituted a single composite settlement for the purposes of CGT with a single body of trustees. As a result of his retirement from practice the solicitor to a non-resident will trust was no longer treated as non-resident for capital gains tax purposes, with the result that there was no longer a majority of non-resident trustees and the will trust became a United Kingdom resident trust. Held: The deed of appointment was set aside. The exercise of the power of appointment, by trustees failing to take any account of the potentially adverse capital gains tax consequences, was invalid.
1 Citers

[ Bailii ]
 
Cooper v Billingham (Inspector of Taxes) Gazette, 10 February 2000; Times, 25 February 2000
10 Feb 2000
ChD

Capital Gains Tax
Where a UK resident created an offshore settlement under which he was a member of the class of potential beneficiaries, and the trust made loans to him which did not carry interest and where no request was in fact made for repayment over long periods, the loan amounted to a capital payment under the act as a 'transfer of an asset and the conferring of any other benefit' and so was chargeable to Capital Gains Tax.
Taxation of Chargeable Gains Act 1992 87, 97

 
Longson v Baker (Inspector of Taxes) [2000] UKSC SPC00238
8 May 2000
SCIT

Capital Gains Tax
SCIT CAPITAL GAINS TAX - Private residence exemption - Whether gain on sale of house exempt - Extent of "the permitted area" - Section 222 Taxation of Chargeable Gains Act 1992.
CAPITAL GAINS TAX - Private residence exemption - Whether gain on sale of house exempt - Extent of "the permitted area" - Section 222 Taxation of Chargeable Gains Act 1992 222
1 Cites

1 Citers

[ Bailii ]

 
 Garner v Pounds Shipowners and Shipbreakers Ltd and One Other Action; HL 18-May-2000 - Gazette, 08 June 2000; [2000] UKHL 30; [2000] 3 All ER 218; [2000] 1 WLR 1107; [2000] UKHL TC - 72 - 561

 
 Melville and Others v Inland Revenue Commissioners; ChD 27-Jun-2000 - Times, 27 June 2000; Gazette, 29 June 2000
 
Purves (Inspector of Taxes) v Harrison Gazette, 30 November 2000; Times, 23 November 2000
23 Nov 2000
ChD

Capital Gains Tax
In order to claim relief against Capital Gains tax on the disposal of business assets on retirement, the assets could be disposed of separately, but some connection must be shown to establish that they formed part of the same transaction overall. A businessman disposed of different parts of his business to different people, but in reality there was no effective same transaction. The business had been structured to allow disposals of different parts of it, and the fact that they were almost at the same time was mere co-incidence.
Taxation of Chargeable Gains Act 1992 69

 
Longson v Baker (Inspector of Taxes) Times, 05 December 2000; Gazette, 18 January 2001
5 Dec 2000
ChD

Capital Gains Tax
The test of whether land attached to a private dwelling in excess of a half hectare, was required for the reasonable enjoyment of the property was an objective one. The individual circumstances and requirements of the taxpayer should not affect the assessment. In this case, although the residence included stabling, land used for the horses stabled was not to be included. The keeping of horses was not an essential part of the use of the house as a residence.
Taxation of Chargeable Gains Act 1992 222
1 Cites

1 Citers


 
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