The taxpayer had settled company shares for the benefit of himself and his family. He appealed from an amendment to his tax returns creating a CGT liability of 6 million pounds.
Held: The appeal was successful.
Mann J
[2009] EWHC 777 (Ch), [2009] STI 1092, [2009] WTLR 669, [2009] BTC 135, [2009] STC 1222, 11 ITL Rep 943
Bailii
Taxation of Capital Gains Act 1992 86, Double Taxation Relief (Taxes on Income)(Mauritius) Order 1981
England and Wales
Citing:
At SPCT – Trevor Smallwood Trust v Revenue and Customs SCIT 19-Feb-2008
SCIT CAPITAL GAINS TAX – double taxation relief – trust assets included shares which would realise a gain on disposal – UK settlor had power to appoint new trustees – tax planning scheme – new trustees in . .
Cited – James Buchanan and Co Ltd v Babco Forwarding and Shipping (UK) Ltd HL 1978
A consignment of whisky was stolen whilst on consignemt from a bonded warehouse under CMR terms for Teheran. In bond, it was worth 7,000 pounds, and on export no excise duty was to be paid. Being stolen in the course of transit, excise duty of . .
Cited by:
Appeal from – Revenue and Customs v Smallwood and Another CA 8-Jul-2010
The taxpayers had set up trusts which they said were based in Mauritius allowing them to claim double taxation relief. The Revenue had issued closure notices, confirmed by the SPCT, but overturned by the High Court. The Revenue appealed, saying that . .
At ChD – Fowler v Revenue and Customs SC 20-May-2020
The taxpayer, a diver resident in South Africa had undertaken engagements within UK waters and now disputed his liability to Income Tax using a deeming provision in section 5 of the 2005 Act being self employed.
Held: HMRC’s appeal succeeded. . .
Lists of cited by and citing cases may be incomplete.
Updated: 15 October 2021; Ref: scu.331156