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Upper Tribunal decision in M Group: Not what we hoped for

13 November 2023 / Pete Miller
Issue: 4913 / Categories: Comment & Analysis , CTA 2009 , FTT , TCGA 1992 , Business
Not what we hoped for

Key points

  • The Upper Tribunal dismissed all of the company’s grounds of appeal and affirmed the FTT’s decision.
  • The company had put forward three grounds of appeal one based on whether it is possible to have a group consisting of a single company and two others arguing the correct interpretation of TCGA 1992 Sch 7AC para 15A(2) and (3).
  • The company had contended that HMRC’s interpretation of the legislation led to absurd results.
  • The genesis of what became para 15A was a comment that the SSE directly discriminates against singleton companies with separate trading divisions.

The background to this case is described in more detail in my article ‘Substantial disappointment’ about the First-tier Tribunal (FTT) decision in M Group Holdings Ltd (TC8054) (Taxation 10 June 2021). Much to my chagrin the Upper Tribunal has confirmed that decision.


In brief...

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