The General Anti-Abuse Rule (GAAR) Advisory Panel have published details of an opinion on film-related trading losses and arrangements for the sale of an LLP member’s Capital Account finding that the arrangements were not a reasonable course of action.

The GAAR is structured in the form of a “double-reasonable test”:

The taxpayer was a member of a limited liability film partnership (LLP) which used member capital contributions, funded by a UK bank, to enter into a sale and leaseback arrangement with a film studio.

The panel found that the splitting of the capital accounts was contrived and abnormal and the method by which the taxpayer exited the LLP could be for no other reason than to secure a tax advantage. The entering into and carrying out of the scheme did not amount to a reasonable course of action in relation to the relevant income tax provisions.

Links to our guides

General Anti-Abuse Rule – GAAR (subscriber version)

Partnerships: tracker: changes to tax rules 

External link

GAAR Advisory Panel opinion of 25 January 2019: Individuals claiming relief for film related losses and split sale of interest in partnership