14 March 2013

UT Decision: Land Securities Plc v The Commissioners for Her Majesty's Revenue & Customs

Corporation tax on capital gains – scheme to generate a capital loss in reliance on the identification rules for matching a disposal of shares with an acquisition under s 106 TCGA 1992 – value shifting rules in s 30 TCGA 1992 – application of s 30(9) notwithstanding that the shares were owned at the time of the disposal, where disposal and acquisition form part of the scheme which engages s 30 – whether, in the alternative, the disposal and acquisition for the purposes of s 30(9) is determined by the computational rules required by s 106 –Davies v Hicks applied – application of s 30(5) to eliminate the capital loss

Julian Ghosh QC and Elizabeth Wilson acted for HMRC.

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