header-logo header-logo

09 May 2014
Issue: 7605 / Categories: Case law , Law digest , In Court
printer mail-detail

Trust law

Gilchrist (as trustee of the J P Gilchrist 1993 Settlement) v Revenue and Customs Commissioners [2014] UKUT 0169 (TCC), [2014] All ER (D) 25 (May)

The exercise of ascertaining the scope of the deeming effect of s 249(6) of the Corporation Taxes Act 1988 required the court to consider the approach properly taken to the construction of deeming provisions generally and to apply that approach to s 249(6), bearing in mind the text of s 249(6), its statutory context and its statutory purpose. There was no suggestion, in the text of s 249(6), as construed in Howell v Trippier [2004] EWCA Civ 885 that the deeming effect of s 249(6) extended to statutes beyond the 1988 Act or to the area of general trust law. Nor would one expect there to be. The 1988 Act was not a statute which governed general trust law. Section 249(6)(b) gave rise to notional income, being notional trust income, which meant that the rate applicable to trusts was levied on the appropriate amount in cash deemed to be received by the trustees. 

The

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

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll