SCIT CAPITAL GAINS TAX – double taxation relief – trust assets included shares which would realise a gain on disposal – UK settlor had power to appoint new trustees – tax planning scheme – new trustees in Mauritius appointed after which shares sold after which UK trustees appointed – all events took place in same tax year – whether trustees entitled to double taxation relief – whether trustees resident only in Mauritius – no – or also resident in the UK – yes – whether place of effective management of trust was Mauritius – no – or UK – yes – appeal dismissed – TCGA 1992 S 77(7); Double Taxation Relief (Taxes on Income) (Mauritius) Order 1981 SI 1981 No 1121.
[2008] UKSPC SPC00669
Bailii
England and Wales
Cited by:
At SPCT – Smallwood v Revenue and Customs ChD 8-Apr-2009
The taxpayer had settled company shares for the benefit of himself and his family. He appealed from an amendment to his tax returns creating a CGT liability of 6 million pounds.
Held: The appeal was successful. . .
At SPCT – Revenue and Customs v Smallwood and Another CA 8-Jul-2010
The taxpayers had set up trusts which they said were based in Mauritius allowing them to claim double taxation relief. The Revenue had issued closure notices, confirmed by the SPCT, but overturned by the High Court. The Revenue appealed, saying that . .
Lists of cited by and citing cases may be incomplete.
Updated: 15 October 2021; Ref: scu.267755
