The word ‘retirement’ connotes a withdrawal from work, rather than merely a reduction in workload. A director claimed to have retired, and to be entitled to draw his pension, and to receive pension tax relief.
Held: Whether he had retired was a question of fact and degree for each case. In this case it was found that the taxpayer had in fact retired, and his health condition was such as to justify his suggestion that his early retirement was due to his physical condition, and that words in the early retirement clause were inserted in error or were surplusage.
Judges:
Collins J
Citations:
Times 11-Jul-2001, Gazette 09-Aug-2001, [2001] EWHC Ch 408
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Appeal from – David J Venables and Others v Hornby (Inspector of Taxes) CA 18-Sep-2002
The appellant was an employee and director of the company. He ceased employment, and sought to receive payments from his pensions, but continued to hold the position of director.
Held: The provisions of the pension scheme had to be read in the . .
Lists of cited by and citing cases may be incomplete.
Income Tax
Updated: 06 August 2022; Ref: scu.90146
