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 it was his only or main residence during the relevant period, and his occupation had the necessary degree of permanence and quality. His failure to include the gain in his tax return did not constitute negligent conduct...
Source-derived case information.
- Citation
- [2012] UKFTT 570
- Parties
- Appellant: Daniel Regan; Respondents: The Commissioners for Her Majesty’s Revenue & Customs
- Jurisdiction
- United Kingdom
- Judgment Date
- 22 August 2012
- Procedural Posture
- Appeal / Final Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Capital Gains Tax, Main Residence Relief, Negligence in Tax Returns
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Regan
Appellant
The Commissioners for Her Majesty’s Revenue & Customs
Respondents
Procedural Posture
Appeal / Final Judgment
Legal Issues
- 1 Whether 95 Rowan Avenue was the only or main residence of Mr Regan
- 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 it was his only or main residence during the relevant period, and his occupation had the necessary degree of permanence and quality. His failure to include the gain in his tax return did not constitute negligent conduct as he reasonably believed he was entitled to relief.
Court Disposition
Appeal allowed
Orders
- Mr Regan is entitled to relief from capital gains tax on the disposal of 95 Rowan Avenue
- The assessment raised by HMRC is discharged
Full Case Text
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