Jessbir Kaur v The Commissioners for HMRC
Decision date: 26 August 2026
Neutral citation: [2026] UKFTT 1277 (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 case concerns a discovery assessment by HMRC for 2020/21 CGT after a London property held in legal title by Mrs Jessbir Kaur's son was sold on 30 July 2020. The Tribunal found Mrs Kaur was "absolutely entitled as against the trustee" (so the disposal is treated as hers), upheld the validity of HMRC's s29 TMA discovery assessment, but directed correction of the assessment because it used an overstated disposal figure and allowed deduction of certain legal costs if evidenced. The Tribunal did not finally determine carelessness for penalty purposes.
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
Where a sole beneficiary holds the entire beneficial interest, that beneficial ownership can amount to being "absolutely entitled as against the trustee" for the purposes of the TCGA, so a trustee's disposal may be treated as the act of the beneficiary; and a s29 TMA discovery assessment is valid where the taxpayer's return and accompanying material disclose nothing from which an officer could reasonably be expected to be aware of the insufficiency.
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 indicated (obiter) that legal costs incurred in proceedings that are merely declaratory of title may be deductible under s38(1)(b) TCGA if they relate wholly and exclusively to establishing, preserving or defending title, whereas costs after a court order to recover proceeds are less likely to qualify; and that HMRC guidance or legitimate expectation cannot override statutory operation of TCGA.