swarb.co.uk - law index
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Taxes - Other - From: 1930 To: 1959
This page lists 6 cases, and was prepared on 02 April 2018.
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 The Attorney General of Quebec v The Attorney General of Canada; PC 9-Feb-1932 - [1932] UKPC 6; Appeal No. 135 of 1929
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Inland Revenue Commissioners v Crossman [1937] AC 26
1937
HL
Lord Russell of Killowen
Company, Taxes - Other
For a valuation for estate taxes, the value is what a purchaser in the open market would have paid to enjoy whatever rights attached to the property at the relevant date.
Lord Russell of Killowen said that a share is the interest of a shareholder in the company measured by a sum of money for the purpose of liability in the first place and of interest in the second, but also consisting of a series of mutual covenants entered into by all the shareholders inter se in accordance with . . the Companies Act . . a share is an interest measured by a sum of money and made up of various rights contained in the contract, including the right to a sum of money of a more or less amount.
1 Cites
1 Citers
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Commissioner for Stamp Duties of New South Wales v Perpetual Trust Company Ltd [1943] AC 425
1943
PC
Lord Russell of Killowen
Taxes - Other, Commonwealth
(Australia) The court considered reservation of benefit rules. Under the settlement the trustees were required to hold certain company shares, to apply the income for the maintenance of the settlor’s son during his minority, and to transfer the shares to him absolutely on his attaining the age of 21. Held: Although the son’s interest was contingent upon his attaining 21, the property comprised in the gift was his equitable interest in the shares; that was assumed by him immediately upon the gift and retained thereafter to the entire exclusion of the settlor; accordingly the shares were not part of the settlor’s dutiable estate. The property comprised in the gift was the equitable interest in the 850 shares which was given by the settlor by his son. The son was (through the medium of the trustees) immediately put in such bona fide beneficial possession and enjoyment of the property comprised in the gift as the nature of the gift and the circumstances permitted.
New South Wales Stamp Duties Act 1920
1 Citers
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Love v Norman Wright (Builders) Ltd [1944] 1 KB 484
1944
Contract, Taxes - Other
A buyer was under no liability to pay to the registered seller the purchase tax in addition to the agreed purchase price unless the contract so provided.
1 Citers
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St Aubyn v Attorney General [1952] AC 15; [1951] UKHL 3; [1951] 2 All ER 473
12 Jul 1951
HL
Lord Simonds, Lord Radcliffe
Taxes - Other
The donor exercised powers of appointment "to make some part of the settled property his own", and it was "wholly irrelevant that by a contemporaneous or later transaction he surrenders his life interest in other parts of it". The different parts of the property were distinct personal assets, none being real property or an interest in realty, and the part which he gave by releasing his life interest was not "property subject to a reservation" for the purposes of the section. The donor did not receive a "benefit by contract or otherwise" merely because by a separate transaction he enlarged his life interest into an absolute interest in other property. Although the section preventing an arrangement for a retention of benefit does not allow a donor to have his cake and eat it, there is nothing to stop him from carefully dividing up the cake, eating part and having the rest. If the benefits which the donor continues to enjoy are by virtue of property which was never comprised in the gift, he has not reserved any benefit out of the property of which he disposed. Lord Radcliffe: "it is the possession and enjoyment of the actual property given that has to be taken account of, and that if that property is, as it may be, a limited equitable interest or an equitable interest distinct from another such interest which is not given or an interest in property subject to an interest that is retained, it is of no consequence for this purpose that the retained interest remains in the beneficial enjoyment of the person who provides the gift." " As to the word deemed "sometimes it is used to put beyond doubt a particular construction which might otherwise be uncertain" and "In substance the position of Lord St. Levan was the position of a man who creates a rentcharge in his own favour upon property which is in his absolute disposition and then makes a gift of that property subject to that charge. Nothing is then given except the interest so charged. Is possession and enjoyment of what is given exclusive of the donor or of any benefit to him, despite his continued receipt of the amounts secured by his charge? I conclude that it is, for I cannot imagine that, had the law been otherwise, the case of Grey would have taken the course that it did. In that case Earl Grey had at least created a rentcharge for himself on parting with his estates ..." Lord Simonds: If the benefits which the donor continues to enjoy are by virtue of property which was never comprised in the gift, he has not reserved any benefit out of the property of which he disposed: "I venture to think that much of the argument that was addressed to the House in this case and much of the confusion that has arisen in the past on this admittedly difficult branch of the law have been due to the failure to bear in mind that that of which enjoyment is to be assumed and retained and from which there is to be exclusion of the donor and any benefit to him by contract or otherwise is that which is truly given, a proposition which is obvious enough in the case of two separate estates but more difficult to follow and apply where trusts are declared of a single property which are not completely exhaustive in favour of a donee. It should at least be clear from the judgment of Lord Russell of Killowen that by retaining something which he has never given a donor does not bring himself within the mischief of the section."
Finance Act 1894 2(1)(c)
1 Cites
1 Citers
[ Bailii ]
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Johnson and Others, and Commissioner of Stamp Duties Perpetual Trustee Company Limited [1956] UKPC 2
31 Jan 1956
PC
Taxes - Other
New South Wales - Challenge to validity of assessment to death duties.
[ Bailii ]
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