Robert Ames v The Commissioners for HM Revenue and Customs: [2018] UKUT 0190 (TCC)

Upper Tribunal Tax and Chancery decision of Mr Justice Fancourt and Judge Sinfield on 25 June 2018.

• From: HM Courts & Tribunals Service and Upper Tribunal (Tax and Chancery Chamber)
• Published: 27 June 2018

• Category: Tax
• Release date: 25 June 2018

Read the full decision in Robert Ames v The Commissioners for HM Revenue and Customs: [2018] UKUT 0190 (TCC).

CAPITAL GAINS TAX – Enterprise Investment Scheme – meaning of “attributable” in section 150A(2) Taxation of Chargeable Gains Act 1992 –whether CGT exemption only available if EIS income tax relief claimed - JUDICIAL REVIEW – whether HMRC adopted flawed methodology in appraising taxpayer’s late claim for relief and exercising powers under section 5(1) Commissioners for Revenue and Customs Act 2005 – whether HMRC acted with conspicuous unfairness.

Published 27 June 2018