In Centrica Overseas Holdings Limited v HMRC [2021] UKUT 0200, the Upper Tribunal allowed the cost of professional fees incurred on the disposal of a subsidiary by an investment company. The directors were acting on behalf of the company that incurred the expenditure and not for its ultimate parent when they approved the sale. The expenses were not capital in nature.

Centrica Overseas Holdings Limited (COHL) was an intermediate holding company within the Centrica Plc (Plc) group.

The Upper Tribunal (UT) allowed the appeal. COHL, and not Plc, was managing its own investment business and the FTT was wrong to conclude otherwise.

The Upper Tribunal went on to consider to what extent the different expenses were expenses of management and to what extent they were Costs of disposal of the subsidiary’s business, or expenses that were capital in nature, and therefore disallowable.

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External link

Centrica Overseas Holdings Limited v HMRC [2021] UKUT 0200

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