Key Facts
- •Ms. Wilmore and Mr. Cohen separated in September 2015 after a strained marriage.
- •They jointly owned Thornfield Avenue, purchased in 2015.
- •In December 2015, they agreed that Mr. Cohen would keep Thornfield, and Ms. Wilmore would keep Ravenshurst.
- •Ms. Wilmore stopped contributing to Thornfield's mortgage in December 2015.
- •Thornfield was sold in September 2016 for £905,000.
- •HMRC issued a discovery assessment for CGT on Ms. Wilmore's share of the sale proceeds.
- •Ms. Wilmore appealed, arguing that her beneficial interest in Thornfield transferred before April 5, 2016, triggering section 58 TCGA (no gain/no loss).
Legal Principles
Distinction between legal and equitable interests in land.
Law of Property Act 1925 (LPA)
Formality requirements for conveying legal estates (contracts and deeds).
Law of Property Act 1925 (LPA), Law of Property (Miscellaneous Provisions) Act 1989 (LPMPA)
Constructive trusts arise when it's unconscionable for the legal owner to assert beneficial interest.
Case law (Paragon Finance v DB Thakerer & Co, Bannister v Bannister, Yaxley v Gotts)
Section 58 TCGA: Spouses/civil partners disposing assets to each other treated as no gain/no loss if living together in year of assessment.
Taxation of Chargeable Gains Act 1992 (TCGA)
Finality of consent orders in divorce proceedings.
Case law (de Lasala v de Lasala)
Outcomes
Appeal allowed.
A constructive trust arose in December 2015 when Ms. Wilmore transferred her beneficial interest in Thornfield to Mr. Cohen, satisfying section 58 TCGA.