Capital Gains Tax Dispute Solicitors

HMRC challenges to CGT returns — over asset valuations, the availability of reliefs, and the correct reporting of disposal proceeds — can result in significant additional tax and penalties. A solicitor will challenge the assessment and protect the taxpayer's position.

Capital Gains Tax disputes arise from HMRC enquiries into CGT returns following the disposal of business assets, residential property, shares, and investment assets. HMRC may challenge the valuation of the asset disposed of (to inflate the gain), deny the availability of reliefs (Business Asset Disposal Relief, Private Residence Relief, Gift Holdover Relief, Entrepreneurs' Relief), or raise a discovery assessment for an omitted disposal. A solicitor will assess the merits of HMRC's challenge, present the evidence that supports the taxpayer's return, and pursue an appeal at the First-tier Tax Tribunal where the dispute cannot be settled.

CGT assessments & enquiries BADR, PPR & holdover relief disputes Asset valuation challenges Free initial consultation

CGT Disputes — Key Issues

Capital gains tax disputes — the types of challenge most commonly raised by HMRC and how a solicitor responds.

CGT disputes typically involve HMRC challenging either the amount of the gain (disputing the valuation or the deductibility of costs) or the entitlement to a relief that reduces or eliminates the CGT liability. A solicitor will identify which challenges have merit and which do not — and pursue the correct position.

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Business Asset Disposal Relief — HMRC challenges to entitlement

Business Asset Disposal Relief (BADR, formerly Entrepreneurs' Relief) reduces CGT to 10% on qualifying business disposals — including shares in a personal company (holding at least 5% for at least 2 years), the whole or part of a business, and business assets used in the business. HMRC frequently challenges BADR claims on the basis that the qualifying conditions were not met — the shareholding was below 5%, the business was not trading for the full qualifying period, or the assets were not business assets. A solicitor will assess the qualifying conditions in detail, present the evidence that the conditions were met, and challenge HMRC's disallowance at the First-tier Tribunal where HMRC's position is incorrect.

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Private Residence Relief — disputes over the main home exemption

Private Residence Relief (PRR) exempts the gain on the disposal of a taxpayer's only or main residence from CGT — in full where the property was used as the main residence throughout the period of ownership, and in part where there were periods of absence. HMRC challenges PRR claims where it considers that: the property was not the taxpayer's main residence (they had another property that was the main home); the election was not made correctly (where two properties are owned); the grounds exceed the qualifying area (0.5 hectares or such larger area as is required for reasonable enjoyment); or the final period of ownership was treated differently to the statutory rules. A solicitor will present the evidence of actual occupation and challenge the HMRC disallowance.

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Asset valuation disputes — market value for CGT purposes

Where assets are disposed of between connected persons (family members, business associates) or at an undervalue, HMRC substitutes the market value of the asset as the disposal proceeds for CGT purposes. Disputes about market value — of shares in private companies, residential properties, agricultural land, and unlisted investments — are common and can result in significant additional CGT. A solicitor will commission an independent valuation, challenge HMRC's valuation, and present the alternative valuation to the First-tier Tribunal where the dispute cannot be resolved by agreement. The tribunal can accept either party's valuation or substitute its own.

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Discovery assessments — HMRC raising CGT for undisclosed disposals

HMRC can raise a discovery assessment where it discovers that a chargeable gain was not reported in a self-assessment return. Discovery assessments for CGT can be raised within 4 years of the tax year in which the gain arose (where the failure was careless) or 20 years (where the failure was deliberate). The most common source of HMRC's information is property transaction records from the Land Registry — HMRC's data-matching systems automatically identify disposals not reported on self-assessment returns. A solicitor will assess the validity of the discovery assessment, challenge the basis of the assessment, advise on any available reliefs that were not claimed on the original return, and manage the appeal.

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Gift holdover relief — HMRC challenges on qualifying conditions

Gift holdover relief allows the gain on a gift of qualifying business assets (shares in a trading company, business assets used in a trade) to be deferred — the gain is "held over" and reduces the recipient's base cost, so the gain becomes chargeable when the recipient eventually disposes of the asset. HMRC challenges holdover relief claims where the assets do not qualify (shares in a non-trading company, investment assets held by a company that also trades) or where the relief has been claimed in circumstances that do not meet the statutory conditions. A solicitor will assess the qualifying conditions, present the case that the assets were qualifying business assets, and challenge HMRC's disallowance.

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30-day CGT reporting disputes — late filing penalties

Since April 2020, UK residents disposing of UK residential property must report the gain and pay the CGT due within 60 days of completion (previously 30 days). Failure to file within the deadline results in a late filing penalty — an initial £100 penalty, with further penalties at 6 and 12 months. Where the 60-day return was not filed because the taxpayer did not know of the requirement, HMRC may accept a reasonable excuse argument. A solicitor will appeal the late filing penalties, present the grounds that the failure was due to a reasonable excuse, and challenge HMRC where the penalty is disproportionate to the circumstances. Where an estimate was filed and the final CGT liability is disputed, a solicitor will manage the amended return and any resulting HMRC enquiry.

How It Works

HMRC's challenge to a CGT return may be factually wrong, legally incorrect, or based on an incomplete understanding of the relief being claimed. A solicitor will identify whether it can be defeated — and pursue the challenge if it can.

A solicitor will assess the basis of HMRC's challenge, advise on the strength of the taxpayer's position, manage the HMRC review process, and pursue an appeal to the First-tier Tax Tribunal where the challenge is legally sound.

Submit Your Request
1

Describe the CGT dispute

Tell us about the disposal, the relief claimed, the HMRC challenge, and the amount of additional CGT HMRC is seeking to recover.

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Solicitor assesses the position and advises on the challenge

A CGT specialist reviews the HMRC assessment and the taxpayer's position, advises on the strength of the challenge, and identifies the most effective route — review, negotiation, or tribunal appeal.

3

Free initial consultation

You receive clear advice on the CGT dispute and whether the HMRC challenge can be defeated — at no cost and no obligation.

Free Initial Consultation

A CGT assessment that is legally incorrect should be challenged. A solicitor will tell you whether it can be reduced or overturned — and pursue the appeal if it can.

Get specialist capital gains tax dispute advice — and find out whether the HMRC challenge to your CGT position can be successfully contested.

Challenge My CGT Assessment

Common Questions

Capital gains tax disputes — what people ask us.

HMRC is querying my Business Asset Disposal Relief claim. What are the qualifying conditions?

For shares in a personal company, the conditions for BADR require the taxpayer to have held at least 5% of the ordinary share capital (and at least 5% of the voting rights) throughout the period of at least 2 years ending on the date of disposal, and to have been an officer or employee of the company throughout that period. The company must be a trading company (or the holding company of a trading group) throughout the qualifying period. HMRC most commonly challenges BADR claims on the basis that the shareholding fell below 5% following dilution, the company held too many non-trading investment assets, or the taxpayer was not an officer or employee throughout the qualifying period. A solicitor will review the precise conditions against the facts and challenge HMRC's disallowance.

I sold my house but lived in it for only part of the time I owned it. How much CGT do I owe?

Private Residence Relief exempts the gain for the periods of actual occupation plus the final 9 months of ownership (regardless of occupation). For any other periods of absence, various "deemed occupation" periods may apply — up to 4 years of absence for any reason; any period of absence while working overseas; periods up to 3 years in any other circumstances. Lettings relief has been significantly reduced since April 2020 and now only applies where the owner was in shared occupation with the tenant. A solicitor will calculate the correct PRR position, identify all available deemed occupation periods, and challenge HMRC where it has not applied the relief correctly or has inflated the amount of the gain.

How does HMRC find out about property disposals not reported for CGT?

HMRC receives data from the Land Registry on all registered property transactions — automatically matching disposal records with self-assessment tax data. Where HMRC identifies a property disposal not reported on the self-assessment return (or on the 60-day residential property CGT return), it raises a "nudge letter" asking the taxpayer to review their return — or, where the evidence is clear, raises a discovery assessment directly. A solicitor will assess whether the omission was deliberate or careless, advise on the correct amount of CGT including all available reliefs, and manage the response to HMRC in a way that minimises the penalty as well as the tax. Voluntary disclosure of an omission before HMRC raises an assessment significantly reduces the applicable penalty rate.

I transferred shares to my spouse. Is this subject to CGT?

Transfers between spouses or civil partners living together are treated as made at no gain, no loss — meaning no CGT arises on the transfer itself. The recipient spouse acquires the shares at the transferor's original acquisition cost. However, the no-gain, no-loss treatment applies only where the couple is living together in the tax year of the transfer — transfers after separation (in the tax year of the separation, if the couple are still legally married, or in any subsequent year) are treated as market value disposals for CGT purposes. A solicitor will advise on the CGT position of intra-family share transfers and challenge any HMRC assessment that incorrectly applies market value to a transfer that qualifies for no-gain, no-loss treatment.

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