Back to Insights listing

Tax, Trusts, probate and estates: contentious, Trusts, probate and estates: non-contentiousFriday 14 June 2024

Upper Tribunal decides tax and trusts appeal in respect of gilt strips

Watts v Commissioners for HM Revenue and Customs [2024] UKUT 00168 (TCC)

Jonathan Davey KC has received judgment from the Upper Tribunal in an appeal concerning a claim for tax relief on losses said to arise on the sale of gilt strips.

In circumstances where the taxpayer had acquired the gilt strips, granted an option over the strips to a trust of which he was life tenant, and then sold the strips to an investment bank which had acquired the benefit of the option from the trustees, the Upper Tribunal held that the taxpayer had not sustained a loss on the transfer (other than a loss of less than 1% of the amount claimed) for the purposes of the phrase “the amount payable on the transfer” (paragraph 14A(3) of Schedule 13 to the Finance Act 1996).

Accordingly, the Upper Tribunal upheld the First-tier Tribunal’s finding that on a purposive construction of the relevant legislation, the statutory language was to be interpreted more broadly than the Appellant contended for, and, therefore, on the facts of the case, the “transfer” in question comprised the aggregate of two amounts including, significantly, a payment made for the assignment of the option (as contended for by the Respondents) rather than just one amount (as contended for by the Appellant).

The Upper Tribunal therefore determined the appeal in the Respondents’ favour.

Jonathan Davey KC acts for the Respondents with Joshua Carey (Devereux Chambers); Aparna Nathan KC and Colm Kelly (Devereux Chambers) act for the Appellant.

Read the full judgment here

People to view:

Share by: Email

Related Insights View all thought leadership

  1. Placeholder

    Events / Webinars

    Trust structures in the crosshairs: When to worry and what to do

    Thursday 4 June | 9am - 10.30am
    The Wilberforce Building Chancery Lane, London

    Free to attend

    LIDW 2026

    View more
  2. Placeholder

    External Conferences

    Can you keep a secret? Secret trusts (and trusts that are secret): principles, pitfalls and possibilities

    Thursday 23 April 2026 | from 6pm
    Sinclair Gibson, London

    Speakers:
    Elizabeth Houghton

    View more
  3. Placeholder

    Articles

    BX v. T : the Court’s inherent jurisdiction to grant disclosure of trust documents to non-beneficiaries

    Article by Jamie Holmes, 2nd April 2026 To read or download this article  as a PDF, please click here. The 20 August 2025 decision of the Guernsey Court of Appeal in BX v. T [2025] GCA 063 is of interest... Read more

    By Jamie Holmes
    Tuesday 7 April 2026

    View more
  4. Placeholder

    News

    Wilberforce shortlisted for Set of the Year at the High Net Worth Awards 2026

    The winners of the awards will be announced on Thursday 18 June at Banqueting House. We are incredibly grateful to all our clients for your ongoing support.

    Tuesday 7 April 2026

    View more

View all thought leadership