Frehch usufruits: HMRC attempting to resist the inevitable

I have been in pre-litigation correspondence with HMRC on the issue of Usufruits over French land not being settlements under article 43(2) ITA 1984.

Rather than issuing a Notice of Determination to my client as the case has been strongly argued, they are apparently issuing an adverse Notice in another case which they assert to be similar so as to engage an appeal process to the First Tier Tax Tribunal. Knowing HMRC’s strategy, that case may not be as strong or may need a further boost. Were they to issue a Notice to my client there would be a joined case, which they obviously do not want.

The full legal position my client has adopted with HMRC has not been posted on the TDF.

Perhaps I could offer assistance to the firm of solicitors and, if needed to Counsel whose client will be receiving the Notice soon: there is strength not only in numbers but in combined authorities.

For reference, the current complaint which I have put before the EU Commission TAXUD3 on the basis of a breach of the right to freedom of movement of capital is CHAP(2018)3704 - UK. Mr. Zalasinska. The Commission has indicated that Brexit will not affect the complaint’s status.

Peter Harris