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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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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

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The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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