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30 July 2010
Issue: 7428 / Categories: Case law , Law digest
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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

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
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