Anston Investments Limited v The Commissioners for HMRC
Decision date: 30 March 2026
Neutral citation: [2026] UKFTT 483 (TC)
Overall AI summary confidence: high
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 appeal concerned whether large payments from Anston Investments Ltd to its parent charity Clydpride were disqualified from tax relief under s.193 CTA 2010 as conditional on or associated with the charity’s acquisition of the group, and whether the 2016 and 2017 discovery assessments were valid. The First-tier Tribunal found the donations were a longstanding practice tied to Anston’s post‑tax distributable profits and were not part of, or associated with, the acquisition, so there was no tax loss; accordingly the 2016 and 2017 discovery assessments were invalid/time‑barred and the timely 2018 assessment was reduced to nil. The appellant’s appeal was allowed in full.
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
A donation that forms part of a longstanding pattern driven by the donor company’s taxable profits, and which would have been made irrespective of a charity’s prior acquisition of the donor’s group, is not necessarily “part of an arrangement” with, or “associated” with, that acquisition for the purposes of s.193 CTA 2010; the critical association test is assessed at the time of the acquisition, not anew at each subsequent donation.
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 judgment observes (obiter) that a purposive construction of ss.191–193 supports a broad legislative aim to exclude payments effectively linked to transfers of property between donor and charity, not limited to donations in kind; and that constraints on members’ powers under charity law or fiduciary duties do not automatically negate members’ beneficial ownership for control/attribution rules.