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04 July 2013 / Peter Vaines
Issue: 7567 / Categories: Features , Tax , Commercial
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Taxing matters

1146503671

Peter Vaines reports on plant masquerading as art; excise duty on beer; HMRC acting fairly shock; private residence exemptions; & transfers of a going concern

The recent case in the Upper Tribunal of The Executors of Lord Howard of Henderskelfe deceased v HMRC [2013] UKUT 0129 was a surprise until you got into it.

The executors were claiming that a painting by Sir Joshua Reynolds—which had been sold for over £9m—was a wasting asset and, therefore, exempt from capital gains tax.

A wasting asset is one which has a predictable life of less than 50 years and, as this painting had been painted before 1776, one might imagine that the executors had an uphill struggle.

However, the argument was a little more subtle. The executors claimed that the painting, which was hanging in the public areas of Castle Howard, represented a genuine attraction to visitors, and should be regarded as plant and machinery. How did this help? Because s 44 of the Taxation of Chargeable Gains Act 1992 (TCGA 1992), provides that plant

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

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