Private client review for November 2023
This month, we look at two taxpayer victories in CGT cases concerning principal private residence relief (in Lee) and CGT on the disposal of a property between separating spouses (in Wilmore), the latter indicating that the tribunal may be sympathetic to events preceding the recent rule change in this context. Breen considers case management issues in a domicile claim scenario. Two cases, Chisnall and Kay, both involve share valuation disputes with HMRC, where differing conclusions were reached. White Breeze Ltd makes it clear again that ill-health will not be considered a reasonable excuse for the late filing of a (corporation) tax return. Finally, Modha continues the trend of robust denial of SDLT mixed-use claims by the tribunal.