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HMRC manuals are guidance not law

14 January 2020 / Robert Maas
Issue: 4727 / Categories: Comment & Analysis
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 asserted that relief was not due and...

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