Azam v Revenue & Customs [2011] UKFTT 50 (TC) (14 January 2011)

Azam v Revenue & Customs [2011] UKFTT 50 (TC) (14 January 2011)

The Tribunal found on balance of probabilities that the Appellant's activities were consistent with those of a landlord and not a property trader; losses were not 'trade losses' under the relevant statutes; burden of proof not discharged by Appellant.

Citation
[2011] UKFTT 50 (TC)
Parties
Appellant: Ms Parveen Azam; Respondents: The Commissioners for Her Majesty’s Revenue and Customs
Jurisdiction
United Kingdom
Judgment Date
14 January 2011
Procedural Posture
Appeal / First Tier Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Income Tax, Trade Losses, Property Rental, Self Assessment, Burden of Proof
Tax Law Income Tax Trade Losses Property Rental Self Assessment Burden of Proof

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Parties

Ms Parveen Azam

Appellant

The Commissioners for Her Majesty’s Revenue and Customs

Respondents

Procedural Posture

Appeal / First Tier Tribunal Decision

Legal Issues

  1. 1 Whether losses from property activities are 'trade losses' under Income Tax Act 2007 s.64 or 'loss in any trade' under former Income and Corporation Taxes Act 1988 s.380

Ratio Decidendi

The Tribunal found on balance of probabilities that the Appellant's activities were consistent with those of a landlord and not a property trader; losses were not 'trade losses' under the relevant statutes; burden of proof not discharged by Appellant.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; closure notices upheld
  • Right to apply for permission to appeal within 56 days pursuant to Rule 39 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009