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Private client review for November 2020

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In Phillips, a claim for CGT principal residence relief was upheld notwithstanding HMRC’s argument that the whole garden was not required for the reasonable enjoyment of the property. In Moaref, the FTT denied the taxpayers a refund of the 3% SDLT surcharge where they had failed to show that they had replaced their Dubai home with a main home in the UK. In Osborne, a saturated diver’s fitness expenses, including his gym membership, were successfully argued to be wholly and exclusively for the purposes of his occupation. In Cox, the FTT upheld HMRC’s decision to deny IHT business property relief in relation to a furnished holiday lettings business on the basis that it lacked extensive and consistent non-investment activities.
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