The receiver had been appointed under the 1968 Act, to manage the affairs of the defendant on his prosecution for tax fraud. She now sought a declaration as to her personal liability for tax which fell due. She had paid over some andpound;2 million to the court which she had realised.
Held: A receiver was not personally liable for tax on the sums realised. Section 75 (Income tax) and section 77 (Capital Gains Tax) of the 1970 Act made her liable as if she were not acting under a court order. The liability to tax was that of the defendant and not that of the receiver. There was no statutory provision to make payment of the tax an expense or incident of the receivership.
Lightman J
Times 10-Feb-2003
Criminal Justice Act 1988 77, Taxes Management Act 1970 75 77
England and Wales
Taxes Management
Updated: 20 January 2022; Ref: scu.179026
