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What is the limit when deciding if a provider of land is eligible for business property relief?
KEY POINTS
- Leave to appeal against denial of business property relief is refused in Pawson.
- But what other land-based businesses are likely to be refused relief?
- The “spectrum” of business types and the decision of the “intelligent businessman”.
- In Pawson the services provided were “no way near” sufficient for relief to be given.
- Is it clear where parliament intended the dividing line to be drawn?
On 2 October 2013 Briggs LJ refused the taxpayer’s leave to appeal to the Court of Appeal in the case of HMRC v Pawson [2013] (UKUT 050 (TCC)). The case concerned a claim for inheritance tax business property relief in relation to a furnished holiday let (FHL).
To recap the First-tier Tribunal had allowed the taxpayer’s claim to relief but the decision...
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