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Hoey v Revenue and Customs (Procedure : Income Tax – IT Contractor Employed By Offshore Company): FTTTx 29 Jul 2019

INCOME TAX – IT contractor employed by offshore company – loans made to taxpayer from employee benefits trust set up by employer – whether or not payments by employer to EBT were taxable earnings – accepted by appellant – whether or not HMRC entitled to raise discovery assessments under s29 TMA 1970 – held yes – whether or not HMRC entitled to exercise discretion under s 684(7A) ITEPA 2003 to disapply PAYE regulations – held yes – whether or not taxpayer alternatively subject to taxation under the transfer of assets abroad legislation – held yes, subject to the amount of the income of the person abroad – whether or not EU law principle of free movement of capital prevents application of TOAA legislation – held no because discrimination is justified by tax avoidance purpose of TOAA legislation
[2019] UKFTT 489 (TC), [2019] STI 1484, [2019] SFTD 1195
Bailii
England and Wales
Cited by:
Appeal fromHoey v Revenue and Customs UTTC 12-Apr-2021
INCOME TAX� UK contractor with offshore employer providing services to UK end-users remunerated through EBT arrangements – whether FTT had jurisdiction to consider whether taxpayer entitled to PAYE credits under Regulations 185 and 188 of PAYE . .

These lists may be incomplete.
Updated: 20 June 2021; Ref: scu.641276 br>

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