The taxpayer’s application for permission to appeal a decision of the First-tier Tribunal was refused as the Upper Tribunal was not satisfied it was arguable that there was any material error of law in the First-tier Tribunal’s decision. 

The applicant sought permission to appeal a decision of the First-tier Tribunal (FTT). The appeal before the FTT concerned a capital gains tax (CGT) assessment and an associated penalty in connection with the disposal of certain properties by the applicant to a company (RKP). The applicant was the sole director of RKP, and the entire share capital was owned by his wife.  

The assessment and the penalty were made following the closure of an enquiry by HM Revenue and Customs (HMRC) into the applicant’s tax return for 2016/17, which had not included any entries to reflect the disposals. The applicant had considered that no CGT was payable on the disposals because the properties were