The Commissioners for HM Revenue and Customs v Stephen Warshaw [2020] UKUT 0366 (TCC)
| Jurisdiction | UK Non-devolved |
| Judge | Mr Justice Meade,Judge Thomas Scott |
| Neutral Citation | [2020] UKUT 0366 (TCC) |
| Subject Matter | 23 December 2020 |
| Court | Upper Tribunal (Tax and Chancery Chamber) |
| Published date | 23 December 2020 |
[2020] UKUT 0366 (TCC)
Appeal number: UT/2019/0104
CAPITAL GAINS TAX – entrepreneurs’ relief – “personal company” –
whether a 10% cumulative preferential dividend which is compounded for
unpaid dividends is a dividend “at a fixed rate” – no, therefore shares
carrying such rights are ordinary share capital – appeal dismissed
UPPER TRIBUNAL
TAX AND CHANCERY CHAMBER
THE COMMISSIONERS FOR
HER MAJESTY’S REVENUE AND CUSTOMS
Appellants
- and -
STEPHEN WARSHAW
Respondent
TRIBUNAL:
MR JUSTICE MEADE
JUDGE THOMAS SCOTT
Sitting in public by way of video hearing treated as taking place in London on 14
October 2020
Sadiya Choudhury, instructed by the General Counsel and Solicitor to HM
Revenue and Customs, for the Appellants
David Ewart QC and Quinlan Windle, instructed by Handelsbanken Wealth
Management, for the Respondent
2
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