Source: All England Reporter
Publisher Citation: [2005] All ER (D) 48 (Apr)
Neutral Citation: [2005] EWHC 547 (Ch)
Court: Chancery Division

Park J

Representation David Goldberg QC and Aparna Nathan (instructed by Landwell (Solicitors) Ltd) for the appellants.
  Timothy Brennan QC (instructed by the Solicitor of Inland Revenue) for the respondent.
Judgment Dates: 8 April 2005


Capital gains taxation - Avoidance - Scheme - Residence of company for purposes of United Kingdom tax law - , s 249.

The Case

On an appeal concerning a complex scheme designed to avoid capital gains tax on part of the gain referable to a sale of trading companies the court held that the Special Commissioners had erred in law in concluding that one of the companies, the subject matter of the appeal, was resident in the United Kingdom.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.