Ignatius Tedesco v The Commissioners for HMRC

Decision date: 27 May 2022

Neutral citation: [2022] UKFTT 171 (TC)

Overall AI summary confidence: high

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Short overview

This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.

AI confidence in this short overview: high

This case concerned whether repayment of a company (Everscot)’s bank loan from sale proceeds qualified as an allowable incidental cost of disposing shares under s.38(1)(b) TCGA 1992. The Tribunal admitted a late appeal but found the appellant had not proved the repayment was expenditure "on" the shares or reflected in their state or nature at disposal, and dismissed the appeal, confirming the closure notice figures.

Ratio decidendi

This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.

AI confidence in this ratio decidendi summary: medium

For expenditure to qualify under s.38(1)(b) it must be expenditure by the taxpayer (or on his behalf) on the asset for the purpose of enhancing it and be reflected in the asset’s state or nature at the time of disposal; mere enhancement of value (for example, paying a company’s debt which increases share value) is insufficient without evidence of a distinct change in rights or the asset’s state or nature.

Obiter dicta

This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.

AI confidence in this obiter dicta summary: medium

The Tribunal noted that submissions by advocates or agents are not evidence and factual claims require supporting documentary or witness evidence; it also observed that the mechanics of payments (e.g. solicitor-directed payments to creditors so the seller never physically received full proceeds) may be relevant but do not by themselves convert a company-debt repayment into expenditure "on" the shares.