Reddleman Properties Ltd v Commissioners for Her Majesty's Revenue and Customs

Decision date: 15 June 2011

Neutral citation: [2011] UKFTT 395 (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

Reddleman Properties Ltd appealed HMRC’s amendment treating it as a Close Investment-Holding Company (CIHC) for the year to 31 December 2008, which increased its corporation tax. The tribunal accepted the directors’ evidence of an intention to acquire third‑party lettings but held that, judged objectively for 2008, the company’s purpose was still mainly to provide premises for a connected company (Reid & Fraser Ltd). The appeal was dismissed, HMRC’s amendment was confirmed, and Reddleman’s request for anonymity was refused.

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

The tribunal treated the statutory “purpose” test (s13A(2)) as an objective question focused primarily on the circumstances prevailing in the relevant accounting period; evidence of directors’ later intentions or subsequent events cannot by themselves establish that, throughout the earlier period, the company “existed wholly or mainly” for making investments in land to be let to unconnected persons.

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 subsequent events fulfilling earlier expectations do not determine the company’s past purpose, and that evidence such as capital values or projected future income may be relevant but will not outweigh objective indicators of the company’s activities in the relevant period.