WILMORE v Revenue & Customs (CAPITAL GAINS TAX - section 58 Taxation of Capital Gains Tax Act 1992 - whether there was a transfer of beneficial interest in a joint property in the year of separation)

CAPITAL GAINS TAX - section 58 Taxation of Capital Gains Tax Act 1992 - whether there was a transfer of beneficial interest in a joint property in the year of separation - agreement preceding consent order indicative of timing of transfer - constructive trust arose until eventual sale of property - appeal allowed

For the Respondents: �� Darren Bradley, litigator of HM Revenue and Customs� Solicitor�s Office

             Ms Abigail Wilmore (the �appellant�) appeals against a discovery assessment issued by the respondents (�HMRC�) in the sum of �14,376.60 for the tax year 2016-17.

             The assessment is for Capital Gains Tax (�CGT�) in relation to the disposal of a property in the year ended 5 April 2017 which HMRC held the appellant to be a beneficial owner.

             The issue for determination is whether the appellant had a beneficial interest in the relevant property in its year of disposal for capital gains tax to be assessable on her.