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Mixed partnership does not qualify

03 October 2014
Issue: 4472 / Categories: Tax cases , AIA , Companies

Drilling Global Consultant LLP (TC4003)

The taxpayer was a limited liability partnership that provided services to the oil industry. It incorporated in June 2007 formed of an individual and an unlimited company.

The individual owned a four-seat Piper Apache twin-engine aeroplane used in part for business matters. He bought a new navigation system for the aircraft in 2010/11 claiming 100% annual investment allowance on the cost.

HMRC refused the claim after an enquiry and amended the taxpayer’s return allowing writing down allowance at 20%.

The taxpayer appealed saying the partnership was a company for the purposes of CTA 2009 s 1259 which requires mixed partnerships to be regarded as companies for the purpose of corporation tax. The qualifying person fell within CAA 2001 s 38A.

The First-tier Tribunal noted that s 38A defined a qualifying person as an individual a partnership of which all the members...

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