Macklin v Revenue and Customs: FTTTx 10 Oct 2013

FTTTx INCOME TAX – UK-USA Double Tax Agreement SI 2002/2848 – whether pension income from the World Bank’s retirement scheme was eligible for relief from UK income tax as income from a ‘pension scheme established in’ the USA for the purposes of the Agreement – articles 17(1)(b) and 3(1)(o) considered – held the scheme was not ‘established in’ the USA because it was not established under and in conformity with the USA’s tax legislation relating to pension schemes
PROCEDURE – whether an assessment to recover tax repaid on the now-disputed basis that the income was eligible for relief under the Agreement was competent – section 29 TMA considered – held the assessment was competent as a discovery assessment and that the conditions in both s.29(4) and s.29(5) were satisfied – appeal dismissed

[2013] UKFTT 554 (TC), [2014] SFTD 290, 16 ITL Rep 355
England and Wales

Income Tax, International

Updated: 22 November 2021; Ref: scu.516906