[2024] UKUT 00319 (TCC)

Case Numbers: UT/2020/000404,

UT/2020/00405 and UT/2023/000095

Location: Rolls Building

CHARGEABLE GAINS – deemed disposal on ceasing to be resident in the UK and becoming resident in another EU member state – compatibility with EU freedoms – whether a conforming interpretation exists – yes - ss80 and 185 TCGA, para 10A, Sch 9, FA 96, and ss59B and 59D TMA

Judgment date: 08October 2024

Before

MR JUSTICE RAJAH

JUDGE NICHOLAS ALEKSANDER

Between

THE TRUSTEES OF THE PANICO PANAYI ACCUMULATION AND MAINTENANCE SETTLEMENTS NUMBERS 1 TO 4

First Appellants

REDEVCO PROPERTIES UK1 LIMITED

Second Appellant

and

THE COMMISSIONERS FOR HIS MAJESTY’S REVENUE AND CUSTOMS

Respondents

Representation:

For the First Appellants: Tim Johnston, Counsel, instructed by Azets

For the Second Appellant: Daniel Margolin KC, Counsel, of Joseph Hage Aaronson LLP

For the Respondents: Jonathan Bremner KC and Ben Elliott, Counsel, instructed by the General Counsel and Solicitor to His Majesty’s Revenue and Customs

DECISION