header-logo header-logo

28 May 2020
Issue: 7888 / Categories: Case law , Law digest , In Court
printer mail-detail

Law digests: 29 May 2020

Income tax

Fowler v Revenue and Customs Commissioners [2020] UKSC 22, [2020] All ER (D) 124 (May)

The Court of Appeal, Civil Division, had decided that in the deemed world introduced by s 15(2) of the Income Tax (Trading and Other Income) Act 2005, the taxpayer diver had been carrying on a business, and thus ‘an enterprise of a Contracting State’, within the meaning of Art 7(1) of the UK–South Africa Double Taxation Convention (the Treaty), which was not displaced by Art 14 of that Treaty. In allowing the Revenue and Customs Commissioners’ appeal against that decision, the Supreme Court held that nothing in s 15 of the 2005 Act purported to alter the settled meaning of the relevant terms of the Treaty, viewed from the perspective of UK tax law, with the result that, s 15 of that Act, understood in the light of s 6(5) of the Income Tax (Earnings and Pensions) Act 2003, charged income tax on the employment income of an employed diver, but

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
back-to-top-scroll