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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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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