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Court of Session finds for HMRC on disapplication of the option to tax (D Moulsdale t/a Moulsdale Properties v HMRC)

Published on: 25 May 2021
Published by: LexisPSL
  • Court of Session finds for HMRC on disapplication of the option to tax (D Moulsdale t/a Moulsdale Properties v HMRC)
  • Why it matters
  • Case details

Article summary

Tax analysis: In D Moulsdale t/a Moulsdale Properties v HMRC, the Court of Session decided (albeit not unanimously) that a taxpayer’s option to tax was not to be disapplied as there was no evidence that it had any intention or expectation that the land in question would become a capital item for the purposes of the capital goods scheme. or take a trial to read the full analysis.

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