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Mrs Y Lawson v HMRC

In Mrs Y Lawson v HMRC (TC01026 – 10 June) a married woman (L) was the legal owner of a property in Northampton which had been occupied by her daughter but was sold in 2005.

L’s accountant submitted a CGT computation on the basis that L’s husband was the joint beneficial owner of the property and was entitled to a half share of the gain.

HMRC issued an amendment to L’s self-assessment charging CGT on the basis that L was the sole owner of the property.

The First-tier Tribunal allowed L’s appeal against this decision finding that L and her husband had been joint beneficial owners of the property.

Why it matters: The First-tier Tribunal accepted the appellant’s contention that although she was the sole legal owner of the property she and her husband were...

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