Regan & Anor v Revenue & Customs [2012] UKFTT 570 (TC) (22 August 2012)

Regan & Anor v Revenue & Customs [2012] UKFTT 570 (TC) (22 August 2012)

Mr Regan was entitled to relief from capital gains tax on the disposal of 95 Rowan Avenue because the evidence established it was his only or main residence during the relevant period, and his conduct in not including the gain in his tax return was not negligent.

Source-derived case information.

Citation
[2012] UKFTT 570 (TC)
Parties
Appellant: Daniel Regan; Respondents: The Commissioners for Her Majesty’s Revenue & Customs
Jurisdiction
United Kingdom
Judgment Date
22 August 2012
Procedural Posture
Tax Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
Capital Gains Tax, Main Residence Relief, Negligence in Tax Return Preparation
Tax Law Capital Gains Tax Main Residence Relief Negligence in Tax Return Preparation

Source-derived case record

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Parties

Daniel Regan

Appellant

The Commissioners for Her Majesty’s Revenue & Customs

Respondents

Procedural Posture

Tax Appeal / Final Judgment

Legal Issues

  1. 1 Whether 95 Rowan Avenue was the only or main residence of Mr Regan
  2. 2 Whether failure to include gain in tax return constituted negligent conduct

Ratio Decidendi

Mr Regan was entitled to relief from capital gains tax on the disposal of 95 Rowan Avenue because the evidence established it was his only or main residence during the relevant period, and his conduct in not including the gain in his tax return was not negligent.

Court Disposition

Appeal allowed

Orders

  • Mr Regan is entitled to relief from capital gains tax on the disposal of 95 Rowan Avenue
  • Assessment by HMRC is discharged