UKFTT 353 (2009) Ahad v HMRC

Rollover Relief - HMRC won

Case Summary:

The case concerned whether rollover relief on a compulsory acquisition (s247 TCGA 1992) was available? The gain was made in 1996/97.

The purchaser in this case had no power of compulsory purchase but it was argued the Commission for the New Towns (CNT) had influenced the sale and so s247 TCGA 1992 applied.

The decision was that the purchaser was not an “authority exercising or having compulsory powers” within the definition in section 243(5) TCGA 1992, and so the Appellant did not dispose of the Land to such an authority and therefore the condition in paragraph (a) of section 247(1) TCGA 1992 was not fulfilled in relation to the disposal in issue.