Bennett v Ogston (HM Inspector of Taxes): HL 30 Apr 1930

Income Tax, Schedule D, Case III – Instalments on moneylender’s promissory notes – Whether such part of instalments falling due after the death of the lender as did not represent repayment of capital was assessable as interest under Case III – Trading profits – Cessation of business.
The House approved Rowlatt J’s statement of principles: ‘When a trader or a follower of a profession or vocation dies or goes out of business . . and there remain to be collected sums owing for goods supplied during the existence of the business or for services rendered by the professional man during the course of his life or his business, there is no question of assessing those receipts to income tax; they are the receipts of the business while it lasted, they are arrears of that business, they represent money which was earned during the life of the business and are taken to be covered by the assessment made during the life of the business, whether that assessment was made on the basis of bookings or on the basis of receipts.’

Citations:

(1930) 15 TC 374, [1930] UKHL TC – 15 – 374

Links:

HLTC

Jurisdiction:

England and Wales

Cited by:

CitedShop Direct Group v Revenue and Customs SC 17-Feb-2016
The Court considered the interpretation of the sections which applied corporation tax to post-cessation receipts. Companies had received from the Inland Revenue substantial repayments of VAT together with interest. There had been reorganisations of . .
CitedShop Direct Group v Revenue and Customs CA 11-Mar-2014
The company sought to challenge the assessment to corporation tax of a very large repayment of VAT, together with an even larger amount of interest.
Held: The appeal failed. . .
Lists of cited by and citing cases may be incomplete.

Income Tax

Updated: 06 April 2022; Ref: scu.606458