| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 12 (Apr) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Potter, Sedley and Jonathan Parker LJJ |
| Representation | 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 | |
| Judgment Dates: | 3 April 2001 |
Catchwords
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 - .
The Case
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.
Practice Areas
If you are a LexisLibrary subscriber you can read more about this case here.
Lexis®Library
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
