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This podcast outlines an appeal concerning Nellsar Ltd.'s corporation tax and Stamp Duty Land Tax (SDLT) liabilities related to its acquisition of five care homes. The central issue revolves around the valuation of goodwill versus real property for these acquisitions under UK Generally Accepted Accounting Principles (GAAP). Specifically, the case addresses whether the properties should be valued at market value or depreciated replacement cost (DRC), impacting the amount of amortizable goodwill for tax purposes. The Upper Tribunal upholds the First-tier Tribunal's (FTT) decision that the properties should be valued at market value, even if this requires adjusting for a "non-trading" state, and dismisses both Nellsar's and HMRC's appeals. The judgment relies on the interpretation of Financial Reporting Standard 7 (FRS 7) and RICS valuation guidance, including the precedent set by HMRC v Denning, emphasizing that goodwill inherent in a property's trading potential is part of the property's value.

Nellsar Limited v HMRC [2025] UKUT 164 (TCC)

going concern

This podcast outlines a tax dispute between William Andrew Tinkler and HMRC concerning income tax related to horse breeding and racing activities between 2010 and 2017. HMRC issued closure notices asserting that Mr. Tinkler's trade losses were overstated, largely because they did not consider horse racing a legitimate trade activity for tax purposes. The core of the appeal before the First-tier Tribunal (Tax Chamber) centers on whether the Tribunal has the jurisdiction to consider certain additional arguments raised by HMRC in its Statement of Case, specifically the Section 66 Issue regarding commerciality of the trade and the GAAP Issue concerning accounting standards for stock valuation. The Tribunal's decision addresses the scope of the closure notices and which issues can proceed to the substantive hearing, referencing case law such as Tower MCashback, Fidex, and Investec to determine the breadth of the appeal. Ultimately, the Tribunal concluded that HMRC can generally pursue these additional arguments, except for the Section 66 Issue in the 2013-14 tax year, and granted Mr. Tinkler permission to amend his grounds of appeal.

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