||All England Reporter
|| All ER (D) 12 (Apr)
||Court of Appeal, Civil Division
Potter, Sedley and Jonathan Parker LJJ
||Andrew Thornhill QC and James Henderson (instructed by Eversheds) for the employer.
||Ian Glick QC and Timothy Brennan (instructed by the Solicitor of Inland Revenue) for the Revenue
||3 April 2001
Income tax - Pay as you earn system - Employer implementing scheme to award bonus to directors by way of contingent reversionary interest in offshore trusts - Directors becoming entitled to sum of money from offshore trust - Application of anti-avoidance principles - Whether employer having made a payment - .
On the facts of instant case where the employer had implemented a scheme designed to avoid employer's national insurance contribution and income tax payable under the pay as you earn system, applying anti-avoidance principles, the cash payment received by its directors as bonuses were a payment of assessable income within the meaning of of the Income and Corporation Taxes Act 1988.
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