Buzzoni & ors v HMRCC [2012] UKUT 360 (TCC)

WTLR Issue: January/February 2013 #126

1. MARK BUZZONI (Executor of the estate of Lia Kamhi deceased)

2. THE LEGIS TRUST LTD

3. VILI HAYIN (or HAYATI) KAMHI

4. CEFI KAMHI

V

THE COMMISSIONERS FOR HM REVENUE AND CUSTOMS

Analysis

On 5 June 1996 Mrs Kamhi purchased a lease (the headlease) of a flat in Knightsbridge, London. On 21 November 1997 Mrs Kamhi granted an underlease (the underlease) to Ovalap Nominees Ltd. The underlease was granted without rent or premium being payable. On the same day Mrs Kamhi created by deed a settlement. The trustee was Legis Trust Ltd and the trust property was the underlease. Ovalap entered into the underlease as bare nominee for Legis Trust Ltd.

Counsel details

Mr Robin Mathew QC (New Square Chambers 12 New Square, Lincoln’s Inn, London, WC2A 3SW, tel 020 7419 8000 , fax 020 7419 8050, e-mail clerks@newsquarechambers.co.uk) instructed by Bracher Rawlins LLP (77 Kingsway, London WC2B 6SR, tel 020 7404 9400, fax 020 7404 9401, e-mail info@bracherrawlins.co.uk) for the appellants.

Mr Matthew Slater (3 Stone Buildings, Lincoln’s Inn, London WC2A 3XL, tel 020 7242 4937, fax 020 7405 3896) instructed by the Solicitor to HM Revenue & Customs (HM Revenue & Customs Solicitor’s Office, South West Wing, Bush House, Strand, London WC2B 4RD) for the respondent.

Cases referenced

Cases in bold have further reading - click to view.

Legislation referenced

Legislation in bold has further reading - click to view.