Seesurrun & anr v HMRC [2014] UKFTT 783 (TC)
Wills & Trusts Law Reports | January/February 2015 #146The appellants appealed against decisions by the respondent that income of certain non-UK entities (including settlements established in the Isle of Man) could be attributed to them pursuant to s739 of the Income and Corporation Taxes Act 1988 (ICTA), which concerns the prevention of avoidance of income tax by individuals ordinarily resident in the UK by means of transfer of assets abroad.
The appellants owned three companies which carried on the trade of providing residential care to the elderly in the UK (the UK companies). The UK companies operated from four p...
JP Gilchrist Trust v HMRC Case number: FTC/89/2012
Wills & Trusts Law Reports | September 2014 #142Mr Gilchrist settled property on trust on 17 May 1993. Under the terms of the trust, he was entitled to a life interest in the trust property. On 4 June 1993, the trustees exercised an overriding power of appointment to appoint 20% of the fund (the appointed fund) out of the main fund, on discretionary trust for the benefit of members of Mr Gilchrist’s family. Mr Gilchrist and his spouse were excluded from any benefit in the discretionary trust. Mr Gilchrist then gifted £44,000 to the trustees. The trustees used the funds to contribute to Whitecroft Limited, in which the trust held...
Travers Will Trust v HMRC [2013] UKFTT 436 (TC)
Wills & Trusts Law Reports | December 2013 #135PL Travers (PLT) was the creator of the fictional literary character of Mary Poppins. In 1960 PLT entered into an agreement with Walt Disney which assigned parts of her copyright in the character to him. In this agreement PLT undertook not to exploit her dramatic, TV or radio rights in relation to Mary Poppins without Walt Disney’s consent.
PLT died in April 1996, two years after she had made an agreement with a theatre production company (CML) which related to the grant of an exclusive copyright licence to stage a show based on her books (the 1994 agreement). This agreement provi...
Bingham v HMRCC [2013] UKFTT 110 (TC)
Wills & Trusts Law Reports | June 2013 #130The appellant (Mr Bingham), a sole practitioner, was a solicitor practising under the style of Bingham & Co. His practice, predominantly based on property transactions, prospered to such an extent that Mr Bingham was able to amass substantial sums of personal funds, which he deposited in a number of bank and building society accounts. These were subsequently consolidated in a money market account held jointly with his wife, to which were later added their children. Mr Bingham believed that the beneficial ownership of the funds could be changed by making them account holders and signa...
Pope & ors v HMRCC [2012] UKUT 206 (TCC)
Wills & Trusts Law Reports | March 2013 #127Jason Pope (Mr Pope) was a geologist who worked for a mining company in Angola. On 8 November 1998 Mr Pope went missing and it is believed he was abducted by Unita rebels. Nothing has been heard of him since that date. Prior to his death, Mr Pope assured his own life in the sum of £100,000 under a life assurance policy dated 15 April 1996 with Equitable. The assured sum was payable to Mr Pope or his personal representatives upon Equitable receiving satisfactory proof of Mr Pope’s death. Following negotiations with Mrs Pope’s mother, acting as his attorney pursuant to a power ...
Rogge & ors v HMRCC [2012] UKFTT 49 (TC)
Wills & Trusts Law Reports | April 2012 #118There were three joined appeals, namely that of R who had paid interest under a loan to the trustees of a trust of which he was the settlor and those of K and the trustees of a trust in which K, the settlor, was interested. K had paid rent to the trustees of a trust under which he was a settlor and of which he was the life tenant. All appealed income tax assessments on the basis that it is impossible for a taxpayer to be taxed on his own expense. Parliament could not have intended s660A(1) of the Income and Corporation Taxes Act 1988 to have this effect. Section 660...