header-logo header-logo

05 October 2012 / Peter Vaines
Issue: 7532 / Categories: Features , Tax
printer mail-detail

Taxing matters

Peter Vaines examines some recent tax-related cases

The recent case of Bourges-Maunoury: C-558/10 [2012] All ER (D) 153 (Jul) has real possibilities. The issue here was that the taxpayers (actually, the non-taxpayers) were employed by the EU and received earnings and pensions as a result of that employment. They were resident in France and in principle liable to wealth tax. The French tax authorities regarded the funds derived from their employment with the EU as part of their wealth for wealth tax purposes and this was upheld by the French courts.

However, the European Court of Justice (ECJ) has declared that member states cannot impose any taxation which is based wholly or partly on the payment of salary to the official by the EU.

We do not have any wealth tax in the UK but we do have inheritance tax and it is not difficult to conclude that funds which can be traced to the earnings from an EU employment, cannot have UK taxes imposed upon them.

Indeed, I do not see why the purchase

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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
back-to-top-scroll