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16 May 2019 / Peter Vaines
Issue: 7840 / Categories: Features , Tax , Commercial
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Taxing matters

In his roundup of the latest tax cases, Peter Vaines minds the GAAP, & ponders the difference between a car & a van

  • The tax position of goodwill of a professional practice.
  • Deciding whether a building is a ‘dwelling’.
  • Cars, vans and income tax on a benefit in kind.
  • Minding the GAAP.

The recent case of Richard Villar v HMRC [2018] TC 6983 considered the tax implications of a sale of goodwill by a professional person, and is very helpful in clarifying the law in this area.

Mr Villar had a successful medical practice and he sold the business as a going concern to Spire Healthcare Diagnostics Limited for £1m. Mr Villar said that the consideration should be assessed to capital gains tax. However, HMRC argued that the payment was subject to income tax.

A crucial part of the HMRC argument was that virtually the whole of the payment was attributable to goodwill and they said it could not be transferred to Spire because the goodwill was personal to him.

HMRC

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NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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