Land Securities PLC v The Commissioners for HM Revenue and Customs: [2013] UKUT 0124 (TCC)
Upper Tribunal Tax and Chancery decision of Mr Justice Roth and Judge Sadler on 14 March 2013.
Read the full decision in .
Corporation tax on capital gains – scheme to generate a capital loss in reliance on the identification rules for matching a disposal of shares with an acquisition under s 106 TCGA 1992 – value shifting rules in s 30 TCGA 1992 – application of s 30(9) notwithstanding that the shares were owned at the time of the disposal, where disposal and acquisition form part of the scheme which engages s 30 – whether, in the alternative, the disposal and acquisition for the purposes of s 30(9) is determined by the computational rules required by s 106 – Davies v Hicks applied – application of s 30(5) to eliminate the capital loss.