Tax updates: January 2019

This month's review of tax cases, including a dismissed R&D allowance appeal in a partnership, an upheld surcharge for unauthorised payments in McCashin, and a gifted property sub-lease subject to inheritance tax in The Estate of Lady Hood

Court of Appeal dismisses R&D allowances on non-trading partnership

The Court of Appeal in The Brain Disorders Research Ltd Partnership v Revenue and Customs [2018] EWCA Civ 2348 has dismissed an appeal against the Upper Tribunal decision in The Brain Disorders Research Limited Partnership, Neil Hockin and HMRC [2017] UKUT 0176 (TCC).

The appellant, the Brain Disorders Research Limited Partnership, was established as part of a scheme that was designed with two objectives. The first was allowing substantial capital allowances to be claimed for expenditure on medical R&D.

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Court of Appeal dismisses R&D allowances on non-trading partnership

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