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11 April 2014
Ghelanis Superstore & Cash and Carry Ltd (TC3251)
The taxpayer company was a wholesaler and retailer of food and other consumable products. HMRC opened an enquiry into its return for the year ended 31 March 2010.
The business said it was not associated with another EEE and claimed marginal relief under TA 1988 s 13.
The same individuals owned share capital of both companies in the ratios:
- Group A (father and mother) – 25% in the taxpayer and 17% in EEE.
- Group B (son and daughter-in-law) – 25% in the taxpayer and 33% in EEE.
- Group C (son and daughter-in-law) – 25% in the taxpayer and 33% in EEE.
- Group D (widowed daughter-in-law) – 25% in the taxpayer and 17% in EEE.
The taxpayer said groups B and C owned most of EEE’s share capital – but they did not own...
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