The Resource Ancient and modern : Addington's 1803 tax system meets 21st century avoidance schemes in Chappell v HMRC

Ancient and modern : Addington's 1803 tax system meets 21st century avoidance schemes in Chappell v HMRC

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Ancient and modern : Addington's 1803 tax system meets 21st century avoidance schemes in Chappell v HMRC
Title
Ancient and modern : Addington's 1803 tax system meets 21st century avoidance schemes in Chappell v HMRC
Creator
Subject
Language
eng
Summary
In 1981 John Tiley wrote an article for the British tax review: "The repeal of Section 52 of the Taxes Act 1970". He thought that the section should be repealed because the principle that it embodied, of deducting tax from payments but keeping it to act as a form of tax credit against the payer's income tax liability, had outlived its usefulness, and was far too complicated for the limited role it was still serving by then. That role had been cut down even further by the next millennium, but shortly before its final demise, the successor to section 52 was used in an ingenious avoidance scheme involving manufactured overseas dividends. This article looks at the recent Upper Tribunal decision in the case of Chappell v HMRC and the decision in the First-Tier Tribunal from which both parties appealed. It concentrates on the arguments and the parts of the decisions in the case that relate to the system of deduction and retention of tax at the source introduced by Addington in 1803 and explains how the Tribunals that heard the case and leading Counsel seemed to struggle with the ancient concepts that derived ultimately from Addington's Income Tax Act of 1803 and with some particularly abstruse secondary legislation. In the end the Upper Tribunal came up with the right answer but not necessarily for the right reasons
Citation source
In: British tax review. - London. - (2015),
http://library.link/vocab/creatorName
Thomas, R. (RoB)
Geographic coverage
  • European Union
  • Europe
Language note
English
http://library.link/vocab/subjectName
  • income tax
  • case law
  • tax avoidance
  • withholding tax
  • retention tax
Label
Ancient and modern : Addington's 1803 tax system meets 21st century avoidance schemes in Chappell v HMRC
Instantiates
Publication
Label
Ancient and modern : Addington's 1803 tax system meets 21st century avoidance schemes in Chappell v HMRC
Publication

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