The Resource Revenue and Customs Commissioners v Anson : [2012] UKUT 59 (TCC)

Revenue and Customs Commissioners v Anson : [2012] UKUT 59 (TCC)

Label
Revenue and Customs Commissioners v Anson : [2012] UKUT 59 (TCC)
Title
Revenue and Customs Commissioners v Anson : [2012] UKUT 59 (TCC)
Contributor
Subject
Language
eng
Summary
Judgment by the Upper Tribunal (Tax and Changery Chamber) dated 27 February 2012. The taxpayer was a non-domiciled UK taxpayer, taxed on remittances. He was a member of a Delaware limited liability company. These entities were taxed in the US as partnerships, ie the income was treated for US tax purposes as the income of the members. He remitted his income from the LLC to the UK and HMRC assessed it as liable to tax as a dividend. The HMRC treated the LLC as an "opaque" company. The effect was that he had paid 45 per cent tax in the US and was to pay 22 per cent tax on the 55 per cent remitted to the UK. The taxpayer claimed the benefit of the US-UK double taxation convention but it was held that the income taxed in the US had been that of the company and the "dividends" were the income of the taxpayer. The taxpayer then argued that he was entitled to relief the Income and Corporation Taxes Act 1988 which provided for a taxpayer to have the benefit of deductions when income was charged to tax under an anti-avoidance provision, dealing with income remitted to the UK. There was nothing to support a suggestion that the taxpayer had been trying to avoid UK tax. The Revenue had been entitled to be satisfied as it said it had been, that the conditions under s 741 applied
Citation source
In: International tax law reports. - London. - Vol. 14 (2012),
Geographic coverage
  • Europe
  • European Union
  • North America
Language note
English
http://library.link/vocab/relatedWorkOrContributorName
Baker, P
http://library.link/vocab/subjectName
  • case law
  • double taxation
  • Delaware corporation
  • opaque
  • dividend
  • tax avoidance
Label
Revenue and Customs Commissioners v Anson : [2012] UKUT 59 (TCC)
Instantiates
Publication
Label
Revenue and Customs Commissioners v Anson : [2012] UKUT 59 (TCC)
Publication

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