Jason Terrence Moore v Commissioners for Her Majesty's Revenue and Customs

Decision date: 21 September 2010

Neutral citation: [2010] UKFTT 445 (TC)

Overall AI summary confidence: high

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Short overview

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AI confidence in this short overview: high

This appeal concerned whether 144 Bishop's Rise was the appellant's "only or main residence" for capital gains tax relief. The Tribunal found the purchase was a renovation-and-let project, the appellant's limited occupation was for renovation not residence, and contemporaneous documentary evidence did not support a claim of main residence. The appeal was dismissed and the case was adjourned for the parties to agree 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: high

Where occupation of a property is undertaken as part of a renovation-for-letting project and lacks any assumption or expectation of continuity as a home, such occupation may not amount to residence or the "only or main residence" for TCGA relief; contemporaneous documentary evidence (or its absence) and inconsistent oral evidence are important in assessing such claims.

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 observed that the extra-statutory concession D49 (allowing for a short delay in taking up residence due to alterations) does not apply where there is no subsequent occupation as the only or main residence. It also noted that a transfer of beneficial interest for no consideration in a rising market may indicate the transfer was not caused by a relationship breakdown.

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