Andrew Goldstone and Moustapha Hammoud (Mishcon de Reya) review recent tax developments affecting private clients.
Phillips: entire gain on dwelling with large garden eligible for PPR
In Phillips v HMRC [2020] UKFTT 381 (TC) Mr and Mrs Phillips (together ‘P’) disposed of their residential property and its 0.94 hectare garden in 2014. P’s view was that the gain made on the entire disposal (i.e. the home and the garden) qualified for principal private residence relief (PPR) and therefore did not report it on their tax returns.
HMRC subsequently came across the SDLT records on the acquisition of the property and then issued discovery assessments on the basis that CGT was payable on part of the garden because the property was not of a size and character that required gardens or grounds exceeding the normal statutory maximum of 0.5 of a hectare.
P appealed arguing...
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Andrew Goldstone and Moustapha Hammoud (Mishcon de Reya) review recent tax developments affecting private clients.
Phillips: entire gain on dwelling with large garden eligible for PPR
In Phillips v HMRC [2020] UKFTT 381 (TC) Mr and Mrs Phillips (together ‘P’) disposed of their residential property and its 0.94 hectare garden in 2014. P’s view was that the gain made on the entire disposal (i.e. the home and the garden) qualified for principal private residence relief (PPR) and therefore did not report it on their tax returns.
HMRC subsequently came across the SDLT records on the acquisition of the property and then issued discovery assessments on the basis that CGT was payable on part of the garden because the property was not of a size and character that required gardens or grounds exceeding the normal statutory maximum of 0.5 of a hectare.
P appealed arguing...
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