SpC 0728 (2009) Burns and Neil v HMRC

Transfer of Assets abroad. Exemption in S741 ICTA 88 now S739 ITA 2007 - HMRC won.

Case Summary:

Two sisters became absolutely entitled to substantial UK assets when they turned 18. The assets were transferred to Jersey companies but the onus was on them to show that UK tax did not apply by virtue of the tests in what is now S739 ITA 2007. But they were not able to show that tax avoidance was not a purpose.