header-logo header-logo

15 November 2013
Issue: 7584 / Categories: Case law , Law digest , In Court
printer mail-detail

Tax

Cotter v Revenue and Customs Commissioners [2013] UKSC 69, [2013] All ER (D) 68 (Nov)

Where a taxpayer had included information in his tax return but had left it to the Revenue to calculate the tax which he was due to pay, the Revenue was entitled to treat as irrelevant to that calculation information and claims which clearly did not, as a matter of law, affect the tax chargeable and payable in the relevant year of assessment. It was clear from ss 8(1) and 8(1AA) of the Taxes Management Act 1970 that the purpose of a tax return was to establish the amounts of income tax and capital gains tax chargeable for a year of assessment and the amount of income tax payable for that year. In the context of ss 8(1), 9, 9A and 42 of the Act, a tax return referred to the information in the tax return form which was submitted for the purpose of establishing the amounts in which a person was chargeable to income tax and capital gains tax for the relevant year of

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: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
back-to-top-scroll