Upper Tribunal Tax and Chancery Chamber

UT (Tax & Chancery) UT-2023-000031 - [2024] UKUT 00168 (TCC)

Fecha: 13-Mar-2024

In my judgment

“31.

In my judgment:

(i)

The Ramsay principle is a general principle of statutory construction (Collector of Stamp Revenue v Arrowtown Assets Ltd [2003] HKCFA 46 at [35]; Barclays Mercantile Business Finance Ltd v Mawson (Inspector of Taxes) [2005] STC 1 at [36], [2005] 1 AC 684 at [36]).

Heading
Introduction
Grounds of Appeal
Factual findings of the FTT
The Law
Discussion and Analysis
Ground 3 - the FTT erred in concluding that “the amount payable on the transfer” as found in paragraph 14A(3) Schedule 13 FA 1996 was a commercial concept ([166] and [171]), with “transfer” to be give
Our Analysis
Our Analysis
In my judgment
The principle is twofold; and it applies to the interpretation of any statutory provision
Ground 2 – the FTT erred in concluding that it was bound by Berry v HMRC [2011] STC 1057 ([157]) given that the approach of Lewison J (as he then was) in Berry was inconsistent with the correct approa
The Appellant’s argument
Our Analysis
The principles that I derive from Berry are therefore as follows
The FTT stated at [176]
Conclusions