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

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
back-to-top-scroll