The power of the Inland Revenue to attribute to company members powers to control the company not given by their holdings, by associating them with other members is a limited one and is to be used only when the association is real.
Small company relief.
Citations:
Times 09-Mar-1999, [1999] EWHC Admin 149
Statutes:
Income and Corporation Taxes Act 1988 13, Income and Corporation Taxes Act 1988
Jurisdiction:
England and Wales
Cited by:
Appeal from – Regina v Inland Revenue Commissioners, Ex Parte Newfields Developments Ltd CA 15-Feb-2000
The test in the section, provided the conclusive test to establish who had control of a company. The commissioners had no discretion as to how or when to apply the criteria. The first part listed several ways in which the identity and number of . .
At first instance – Regina v Inland Revenue Commissioners, ex parte Newfields Developments Ltd HL 21-Jun-2001
Tax relief for smaller companies was to be reduced where a person controlling the company was associated with other companies. The taxpayer was found to be in control of two companies by virtue of her associations with two trusts with control of two . .
Lists of cited by and citing cases may be incomplete.
Income Tax, Corporation Tax
Updated: 01 February 2022; Ref: scu.139413