Chris Hoyle v The Commissioners for HMRC

Decision date: 26 November 2024

Neutral citation: [2024] UKFTT 1060 (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 appeal concerned whether sums received on a two‑stage exit from film‑leasing LLPs (sale of members' Capital Accounts in Jan 2013 and sale of residual interests in Apr 2013) were taxable under the anti‑avoidance provisions of chapter 5 ITA (s 797 et seq.) as income arising from a "loss in trade", or instead chargeable to capital gains tax. The Tribunal found the LLPs were not carrying on a trade at the relevant time, so chapter 5 did not apply and the appeal was allowed. The Tribunal also recorded an alternate view that, if chapter 5 did apply, the statutory conditions would have been satisfied and the sums could be taxed as income, but that if chapter 5 failed the proceeds were not chargeable to CGT.

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

The judgment holds that where legislation refers to a "loss in trade" for chapter 5 counteraction provisions, "trade" must be read in its ordinary legal meaning; chapter 5 therefore requires an actual trade to have existed for the anti‑avoidance charging mechanism to apply. A purposive construction must not be used to rewrite statutory language so as to capture cases merely because a taxpayer previously obtained a successful relief claim.

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 commented that construing chapter 5 to apply simply because a taxpayer made a successful historic claim would allow HMRC effectively to circumvent time limits and reopen settled positions—an outcome the Tribunal doubted Parliament intended. The judgment also noted that factual factors (e.g. prior identification of purchasers, amendments to LLP agreements, commercial reality) can support an inference that staged disposals formed part of an overall exit plan relevant to s 797 analysis.