In the Example, did the accountants BJS, have a duty to give correct advice in respect of the consequences of the proposed transaction for the EIS relief which he had claimed? The exact terms of Mr Glucose’s request for advice on the property transaction is a matter of evidence which BJS and their solicitors need to determine, but once the factual background is determined, unless it is entirely straightforward, the expert will give his opinion of whether a reasonably competent tax adviser would have understood that request to be a request for advice not only in relation to the company’s tax affairs, but also in relation to Mr Glucose’s personal affairs.

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