Market leading insight for tax experts
View online issue

O Wilkinson and others v HMRC

Share exchange scheme was not the main purpose to avoid CGT

In O Wilkinson and others v HMRC [2023] UKFTT 695 (TC) (4 August 2023) the First-tier Tribunal (FTT) held that a share for share exchange did not form part of a scheme or arrangement of which the main purpose or one of the main purposes was the avoidance of a liability to capital gains tax. Accordingly the provisions in TCGA 1992 s 135 applied to the transaction and were not disapplied by TCGA 1992 s 137. 

Mr and Mrs Wilkinson together owned about 58% of the ordinary shares in P Ltd. A deal was agreed by which P Ltd would be acquired by the BCA group through an acquisition vehicle TF1 Ltd for a consideration of £130m (the transaction) to be satisfied by a combination of cash and loan notes issued by TF1...

If you or your firm subscribes to Taxjournal.com, please click the login box below:

If you do not subscribe but are a registered user, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this article in full.
Please reach out to customer services at +44 (0) 330 161 1234 or 'customer.services@lexisnexis.co.uk' for further assistance.
EDITOR'S PICKstar
Top