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Double bluff fails

05 November 2012
Issue: 4378 / Categories: Tax cases , Capital Gains , Income Tax
Orchid Properties v HMRC (No 2) (TC02323)

HMRC had originally contended that a sale of property by a partnership had been trading and not a capital gain and profits had been understated by more than £1 000 000.

An alternative assessment had been raised accepting the sale was capital but rejecting a claim for business asset taper relief.

The result would have been that each partner would have made a capital gain of £110 099 and each profit share would have been increased by £74 166.

The Revenue issued an amended statement of case accepting the partnerships’ contention and stating that “the profit should be increased by £74 166.”

The partnership’s accountants sent an email to the taxman and the tribunal centre stating the partnership “wish[ed] to withdraw [its] appeal against the contention by HMRC that the partnership profit should be increased by £74 166”.

The Revenue issued amended returns showing an...

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