Your questions answered on the law relating to capital gains tax
Whiteman & Sherry on Capital Gains Tax explores every aspect of the law that impacts on capital gains tax. It looks at the case law analysing the major decisions of the courts and their implications. It examines the statutory provisions identifying areas of difficulty and offering the authors views.
Expert analysis
Whiteman & Sherry on Capital Gains Tax analyses the general rules which apply to assets, disposals and computation including:
- Identifies what amounts to an asset
- Discusses the leading cases of Marren v Ingles and Zim Properties v Procter
- Valuation; putting Mansworth v Jelley in context along with older authorities and most recently Company ‘A’ v HMRC
- Analyses of the remains of hold-over relief
- Explains the recent anti-avoidance rules relating to losses
Whiteman & Sherry on Capital Gains Tax looks in detail at the various rules on particular classes of assets analysing the law and the cases. Specific topics covered include:
- Land and buildings including leases and private residences
- Business assets, shares, securities and qualifying corporate bonds
- Options, debts, tangibles and intangibles; with case analysis and the authors' views on difficulties with statutory development
Whiteman & Sherry on Capital Gains Tax includes chapters covering trustees, personal representatives, charities and partnerships.
Whiteman & Sherry on Capital Gains Tax examines the jurisdictional limits and outlines the new remittance basis as it affects non-domiciled individuals and overseas trusts. It provides you with analysis of overseas companies and double taxation relief.
The structure of tax and conceptual developments
The origins and developments of capital gains tax are set out and the parallel development of the new approach is analysed from Ramsay to Scottish Provident via Furniss & Dawson, Craven v White, MacNiven v Westmoreland, Campbell v IRC, Carreras v Stamp Commissioner and Barclays Mercantile. The influence of the EU treaties is examined in the de Lasteyrie du Saillant and N v Inspecteur van de Belastingdienst.