can any contributors point me in the direction of where i can access copy of the decision in The Evelyn case, or is anyone aware of its contents. it was only decided on 1st March this year
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Evelyn case
The attached is an article about it - HMRC wonhttp://www.farminglife.com/news/industry_considers_conacre_tax_bombshell_consequences_1_2483037
These things can be picked up...
...@ BAILII http://www.bailii.org/uk/cases/UKFTT/TC/2011/TC00997.html
and in the Tribunals Service decisions database http://www.financeandtaxtribunals.gov.uk/Aspx/view.aspx?id=5366
Not sure if you mean me or Ros?
as people seem to get us confused because of my surname.
I was reading the case today in any case. On the face of it, the result seems quite straightforward, lack of the right advice resulted in a discovery assessment. The land was not occupied for the purposes of any trade - the rules on grazing can be confusing.
However, there is a big fuss because of "conacre". This is not something we have on mainland UK, it is specific to Northern Ireland, and there was a big issue over an IHT case involving conacre last year.
Bascially, the local practice may have been to treat these types of grazing agreements as trading activities. The problem is that the Tribunal does not seem to have been convinced about the prevailing practice argument and so that is that.
Unless you can prove prevailing practice applies or alterneratively alert HMRC to the fact that there something on a return that is probably incorrect there is little you can do little to avoid a discovery assessment.
Nichola Ross Martin: website www.rossmartin.co.uk