header-logo header-logo

10 December 2018 / Gregor Hogan
Issue: 7821 / Categories: Features , Wills & Probate
printer mail-detail

Gifts with reservations

​Gregor Hogan reports on the lessons from Viscount Hood v HMRC & what constitutes a gift with reservation of benefit

  • The judgment is a reminder that this area of law remains complex and particularly sensitive to the facts of each case.
  • Practitioners should remain careful when using precedents to consider how changes may affect the legal position.

In Viscount Hood v HMRC [2018] EWCA Civ 2405 the Court of Appeal considered the extensive case law on s 102(1)(b) of the Finance Act 1986, ie gifts with reservations, where a revisionary long sub-lease had been granted subject to positive covenants. It provides a useful overview of the authorities but should also prompt practitioners to give careful consideration to whether any steps can be taken to mitigate the tax consequences of such impugned schemes.

Background

The factual background was, for the Court of Appeal’s purposes, rather simple. Lady Hood owned a 97-year lease (the headlease) of 67 and 67A Chelsea Square (the property). The headlease contained a number of usual covenants, for example to repair and

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll