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Dispensing the correct treatment
Key points
- The interpretation of a word or phrase in one branch of law does not always translate to another.
- HMRC’s view of the Haines case.
- The aim of the decision in Haines v Hill is different to the context of TCGA 1992 s 165.
- The meaning of ‘consideration’.
- HMRC’s manuals are not a legal interpretation simply the department’s guidance to its employees.
- Professional guidance if the adviser’s view differs from that of HMRC.
A recent Readers’ Forum question dealt with holdover relief on a transfer of business assets under a court order. Both responses (‘Now you see it…’ Taxation 21 November page 25 at tinyurl.com/srh7a9c) asserted that relief was not due and...
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