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News - Indirect

19 July 2006
Categories: Tax cases

Newnham College

The House of Lords has given HMRC leave to appeal the decision of the Court of Appeal in The Principal and Fellows of Newnham College Cambridge v CRC [2006] STC 1010, so HMRC have provided interim guidance for those businesses affected by the Court of Appeal decision.

Newnham College

The House of Lords has given HMRC leave to appeal the decision of the Court of Appeal in The Principal and Fellows of Newnham College Cambridge v CRC [2006] STC 1010 so HMRC have provided interim guidance for those businesses affected by the Court of Appeal decision.
The case concerns whether or not Newnham is in occupation of the college library. HMRC contend that Newnham is in occupation of the library through its students' use of the library and the presence of staff seconded from Newnham to a subsidiary company to run the library. Newnham argues that the term 'in occupation' in the anti-avoidance provisions must have the same meaning as the term 'licence to occupy' in the exemption provisions. It says that it has not been granted a licence to occupy the building and is not therefore in occupation. Accordingly its option to tax...

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