header-logo header-logo

06 November 2014 / Spencer Keen
Issue: 7629 / Categories: Features , Tax , Employment
printer mail-detail

Taxing times

keen_0

Spencer Keen outlines some valuable guidance about the tax treatment of termination payments

Mr Moorthy received a payment of £200,000 in a compromise agreement after he was made redundant from his employment as executive director of operations with Jacobs Engineering UK Ltd (Jacobs) on 12 March 2010. He claimed that the £200,000 was not taxable because it had been paid to settle a discrimination claim.

HM Revenue & Customs did not accept that the entire settlement was tax free. HMRC argued that, with the exception of £60,000, the whole sum was taxable as a termination payment under s 401 of the Income Tax (Earnings and Pensions Act) 2003 (ITEPA 2003). HMRC accepted that £60,000 was exempt from tax because, according to them, £30,000 was specifically exempted as a result of s 403 of ITEPA 2003 and another £30,000 was exempted because it represented compensation for injury to feelings. As a result, on 13 August 2013 HMRC issued a closure notice indicating that Moorthy’s self-assessment had been amended to include £140,023 of taxable income. Moorthy

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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll