header-logo header-logo

20 September 2013
Issue: 7576 / Categories: Case law , Law reports
printer mail-detail

Corporation tax—Computation of profits—Deductions

Interfish Ltd v Revenue and Customs Commissioners [2013] UKUT 0336 (TCC), [2013] All ER (D) 22 (Sep)

Upper Tribunal (Tax and Chancery Chamber), Birss J, 16 Jul 2013

The “wholly and exclusively” test in s 74(1)(a) of the Income and Corporation Taxes Act 1988 (ICTA 1988) does not set up two categories of purpose—private and business—and provide that everything should be allocated to one or other category. The question is only whether the taxpayer’s actual purpose has been exclusively (namely solely) a business purpose. If not then the test is not satisfied.

Jonathan Peacock QC (instructed by Deloitte LLP) for the taxpayer. Patrick Way QC (instructed by the Revenue and Customs Commissioners) for the Revenue.

The taxpayer was a fishing, fish processing, fish wholesaling and fish retailing company based in Plymouth. Its retail business (within the stores of one of the major supermarkets retailers) traded as “South West Seafoods”. The taxpayer was controlled by C. It was common ground that C’s state of mind amounted to the state of mind

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll