Mrs Margaret Raha v Commissioners for Her Majesty's Revenue and Customs

Decision date: 6 July 2010

Neutral citation: [2010] UKFTT 303 (TC)

Overall AI summary confidence: medium

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Short overview

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AI confidence in this short overview: medium

Mrs Raha sold a flat in 2006 and claimed post‑vacation outgoings (council tax, service charges, insurance, utilities, furniture clearance) and adviser fees as deductible costs against a capital gain. The Tribunal held those post‑vacation expenses were excluded by s 39(1) TCGA 1992 (because they would be allowable for income tax purposes, even where no income arose) and were not allowable under s 38(1)(b) because they did not produce any identifiable change in the state or nature of the asset. Adviser fees were disallowed as relating to tax advice and dispute with HMRC rather than costs of disposal. The appeal was dismissed.

Ratio decidendi

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AI confidence in this ratio decidendi summary: medium

From the Tribunal’s decision: (1) s 39(1) may exclude expenditure from capital gains relief under s 38 where that expenditure would be allowable for income tax purposes, and that exclusion can apply even when no income was received; (2) expenditure is deductible under s 38(1)(b) only where it effects an identifiable change in the state or nature of the asset, not merely because it increases the asset’s value or maintains it.

Obiter dicta

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AI confidence in this obiter dicta summary: medium

The Tribunal noted that a paragraph in HMRC's Capital Gains Manual merely paraphrased s 38(2) and was not misleading in context, and that minor procedural or typographical errors by HMRC did not amount to improper conduct warranting redress from the Tribunal (such complaints being for the Adjudicator's Office).

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