Upper Tribunal Tax and Chancery Chamber

UT (Tax & Chancery) UT/2023/000060 - [2024] UKUT 00070 (TCC)

Fecha: 11-Mar-2024

Permission to appeal

Permission to appeal

14.

The FTT granted permission to appeal on one ground which I shall call Ground 1. It was drafted by Mrs Pearce as follows:

Ground 1 - The points at issue have potentially wider implication. There are now two inconsistent FTT Decisions – Salinger [2016] UKFTT 677 (TC), [2017] SFTD 316 in which the circumstances were essentially identical to the current case, and this one. There are also other cases behind ours which we believe are heading towards FTT. A further ruling would be of benefit to those cases.

15.

In granting permission to appeal on Ground 1, the FTT limited it to a challenge to the legal approach the FTT had adopted.

16.

I granted permission to appeal on what I shall call Ground 2:

Ground 2 - The FTT erred in law in finding that the reversionary interest was acquired for consideration. This was not supported by the evidence or was a conclusion which no reasonable tribunal could have reached.

17.

Nothing in this decision should be taken as indicating any view on the merits of these grounds, save that I approach the application on the basis that both grounds of appeal are arguable.

18.

At the oral hearing of the application for permission to appeal, I invited the Appellants to consider their position on costs in the event that the appeal was unsuccessful. The Appellants have considered their position and have made the present application.