Farnborough: disqualifying arrangements for loss surrenders

The case of Farnborough Airport Properties Ltd and others v HMRC [2017] UKUT 394 concerned the appointment of a receiver over all of the property of the surrendering company. HMRC subsequently denied claims for group relief submitted by two claimant group companies on the basis that the receiver’s appointment severed the surrendering company from the group. (For a more detailed discussion of the facts of the case and the findings of the FTT see ‘Farnborough Airport Properties Ltd: control for group relief purposes’ (Sandy Bhogal) Tax Journal 22 July 2016).

 

The Upper Tribunal (UT) upheld the decision of the FTT that the appointment of receivers in respect of a company had the result that the shareholders of that...