Raymond Charles Eyre & Anor v The Commissioners for HMRC

Decision date: 23 April 2025

Neutral citation: [2025] UKFTT 461 (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 the Eyres’ purchase, redevelopment and sale of a Chelsea house was an adventure in the nature of trade and whether the house was their principal private residence (PPR) for CGT relief. The First-tier Tribunal found the transaction was not a trading venture, and that the Eyres occupied and nominated Burnsall Street as their main residence from July 2013 until they moved out, so PPR relief applied for that period. The Tribunal declined to determine tax quantum and left that to the parties (with a right to return to the Tribunal).

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 contemporaneous documentary evidence (loan papers, bank records, design minutes and similar records) as central to inferring the parties’ intention at acquisition for the “venture in the nature of trade” question, and found such evidence did not show a trading intention. For PPR, the Tribunal relied on acts of personalisation, quality and continuity of occupation (even if relatively short) and an express nomination to identify a main residence.

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 suggested that standard development or joint-venture contract terms (profit-share, marketing provisions and valuation mechanics) do not of themselves prove a vendor had a trading intention at acquisition, particularly where the owner retains contractual options to keep the property. It also noted that discreet, high-value marketing methods can be consistent with preparing a property for sale without demonstrating a pre-existing trading intention.