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The ‘business in question’ was carried on by a related party before 1 April 2002

By Mark McLaughlin, October 2020

On a transfer of the assets of two dentistry businesses to a company, the ‘business in question’ was a business carried on by a related party before 1 April 2002, and the relevant discovery assessment was validly made and was not ‘stale’. 

Summary 

On a transfer of the assets of two dentistry businesses to a company, the ‘business in question’ was a business carried on by a related party before 1 April 2002, and the relevant discovery assessment was validly made and was not ‘stale’. 

Background 

The appellant company acquired the assets of two dentistry businesses on 1 December 2010 and began trading as a dental practice on that date. The preceding businesses had been carried on separately since 1996 by two self-employed dentists who operated from the same site and shared certain overhead costs.

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