header-logo header-logo

30 July 2010
Issue: 7428 / Categories: Case law , Law digest
printer mail-detail

Income tax

Revenue and Customs Commissioners v PA Holdings Ltd [2010] All ER (D) 207 (Jul)

The court considered the principles established following Ramsay (W T) Ltd v IRC, Eilbeck (Inspector of Taxes) v Rawling [1981] 1 All ER 865. Applying a purposive construction, s 19(1) of the Income and Corporation Taxes Act 1988 (ICTA 1988) was intended to cover payments which, on a realistic view of the circumstances in which, and the reasons why, they had been made, would sensibly be regarded as coming “from” the recipient’s employment. In some cases, the facts would be closer to the borderline than in others.

 There was no basis for imposing the strictures of a ‘double source’ test on the simple words of the statute. The authorities required attention to the statutory words. The only statutory question was whether the emolument came from employment. Answering that question was not to be constrained by the mechanistic application of statements found in the case-law.

In some situations, the formulation of an antithesis between one source and another might clarify the process of reaching

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: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll