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MIKE TRUMAN believes a recent case has created confusion about definitions
KEY POINTS
- ‘Business’ is often defined as ‘trade’ but not in TCGA 1992 s 162.
- Judge appears to have incorrectly contrasted business with Sch A in this case.
- Statements about a business merely requiring ‘some activity’ in American Leaf Blending ignored.
- Special Commissioners’ formulation in Rashid v Garcia preferred.
The name Ramsay is one to conjure with in tax but this article isn’t about the long series of avoidance cases started back in the 1970s.
This is about a First-tier Tribunal case heard in July last year but where the decision was not given until January this year.
It’s a case about incorporation relief under TCGA 1992 s 162 and it has a worrying approach to the definition of trade and business.
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