William Reeves v The Commissioners for HM Revenue and Customs: [2018] UKUT 0293 (TCC)
Upper Tribunal Tax and Chancery decision of Mrs Justice Rose and Judge Sinfield on 26 September 2018.
Read the full decision in .
CAPITAL GAINS TAX – Gift of business asset to UK-resident company by transferor with non-UK resident relatives – Hold-over relief claim disallowed by HMRC – Whether claim precluded by s 167 Taxation of Chargeable Gains Act 1992 – No – Whether literal construction of s 167 conforming with Article 14 ECHR in conjunction with Article 1 Protocol 1 – No – legislation read down pursuant to section 3 Human Rights Act 1998 - Appeal allowed.