Court : House of Lords
..... tax, but also some of the very complex provisions, now repealed, which formed chapter va in part vi of the income and corporation taxes act 1988 ("icta 1988"). 5. chapter va was introduced by the finance act 1994 to provide some measure of relief in respect of a long-standing grievance of ..... companies (such as mellham) which had (directly or through subsidiaries) overseas earnings which attracted double taxation relief ("dtr") (see generally peter harris, "the foreign income dividend scheme: a damage assessment" [1997] btr 82). such a company might pay amounts of act ..... if the treasury considers that the deterrent is insufficiently severe it can (within the limits of what is authorised by section 178 of the finance act 1989) provide a stiffer sanction. but the notion of a perpetual liability to pay interest, subject only to the possibility of administrative remission .....
Tag this Judgment!Court : House of Lords
..... ) importance to it in his printed case and his oral submissions. 46. the expression "derived property" seems to have appeared first in a taxing statute in section 28 of the finance act 1946, in provisions designed to charge higher rates of income tax on some categories of income covenants and other settlements of property in which the settlor retained a beneficial interest ..... the settlement). 48. in 1995 parliament decided to rationalise the ragged patchwork of provisions which had come to be included in part xv (settlements) of the 1988 act. chapters i and ii and part of chapter iii (including sections 683 to 685) were repealed. instead sections 660a to 660g were enacted. section 660a (1) and (2) provide as follows: "(1) income arising under .....
Tag this Judgment!Court : House of Lords
..... was not an occasion of charge, because of its non-resident status, but the disposal may in due course have consequences under special provisions first enacted in the finance act 1981. 45. mr henderson for the revenue relied on three main arguments against that conclusion. i can deal with them briefly because i have already covered much of ..... a sale which takes place in two stages, contract and completion by transfer or conveyance. the provision which became section 27 (1) was first introduced by the finance act 1971, and it has in the past attracted little attention from the court. it has an obvious function in determining the tax year in which a chargeable gain ..... , the answer may have to be derived from the scheme of the legislation, and lord wilberforce's well-known guidance (in aberdeen construction group ltd v inland revenue commissioners [1978] ac 885, 892-3) as to how the legislation should be interpreted. park j was, i think, taking the same approach when he observed (para 24) that .....
Tag this Judgment!Court : House of Lords
..... of community law on the partial 'imputation' system of corporation tax operated within the united kingdom between 1973 and 1999. this system was introduced by the finance act 1972 as a means of avoiding the perceived double taxation of distributed profits, once in the hands of the company and again in the hands of its shareholders ..... on this appeal is produced by a combination of four things. first, the finance act 1972 introduced advanced corporation tax (act) to our tax system. the charging provision, originally section 84(1) of the 1972 act, became section 14(1) of the income and corporation taxes act, 1988. it required a company which made a "qualifying distribution" (typically the ..... told his client to disregard subsection (2) as an unimportant exception to the general rules about franked investment income (to be found in part vi, chapter v of the 1988 act). subsection (3) dealt with the much more common situation in which there was a right to payment of the tax credit, that is when the .....
Tag this Judgment!Court : House of Lords
..... section 555(2) contains any implied territorial limitation (see e.g. paragraph 23 of its summary submissions). chapter iii of the 1988 act, containing sections 555 to 557 and consolidating schedule 11 of the finance act 1986, was intended not just to provide improved collection machinery but also to expand the ambit of the basic ..... that case. 22. before your lordships mr brennan qc (for the revenue) made some points which i can readily accept. the provisions introduced by the finance act 1986 were not simply a collection mechanism. they made substantial changes in the way in which non-resident entertainers and sportsmen were to be charged, in ..... finance act 1986, section 44, and schedule 11 to that act under which the 1987 regulations were made. the 1988 act is a consolidating act and the relevant provisions in the 1986 act and its schedule 11 became sections 555 to 558 in the 1988 act. the 1987 regulations continue to have effect as if made under the 1988 act (see interpretation act 1978 .....
Tag this Judgment!Court : House of Lords
..... wife's tax affairs (even if she had written to the revenue) was only changed in 1978 (see the taxation of husband and wife, 1980, cmnd.8093, para25). 63. the final stage, reached when the relevant provisions of the finance act 1988 came into force in 1990, was to abolish the aggregation rule altogether and treat them ..... was made. (2) a person shall be deemed for the purposes of this chapter to have made a settlement if he has made or entered into the settlement directly or indirectly, and, in particular, but without prejudice to the generality of the ..... property given or any derived property is or will or may become, in any circumstances whatsoever, payable to or applicable for the benefit of the donor. 660g.(1) in this chapter 'settlement' includes any disposition, trust, covenant, agreement, arrangement or transfer of assets, and 'settlor', in relation to a settlement, means any person by whom the settlement .....
Tag this Judgment!Court : House of Lords
..... have discovered it." (with effect from 8 september 2003, this provision no longer applies to mistakes of law in tax cases: see section 320 of the finance act 2004.) dmg says that it did not discover its mistake until the ecj gave judgment (after the commencement of proceedings) and no amount of diligence could ..... 48, under the conditions laid down for its own nationals by the law of the country where such establishment is effected, subject to the provisions of the chapter relating to capital." 95. several different statutory provisions relating to united kingdom corporation tax (in particular, as it applies to multi-national groups or consortia of ..... that the defendant had voluntarily assumed responsibility. but the unhappy experience with the rule so elegantly formulated by lord wilberforce in anns v merton london borough council [1978] ac 728, 751-752, suggests that appellate judges should follow the philosopher's advice to 'seek simplicity, and distrust it.'" other members of the house .....
Tag this Judgment!Court : House of Lords
..... effect from 8th september 2003 (and so not applicable to the subject-matter of this appeal), s.320 of the finance act 2004 in fact means that the provisions of s.32(1)(c) of the limitation act 1980 no longer apply to mistakes of law relating to a taxation matter under the care and management of the revenue. ..... award. interest in unjust enrichment 166. it is a topic which has until recently attracted relatively little attention from english restitution scholars. the most extensive treatment may be the chapter entitled "interest" by professor francis rose in birks and rose, eds. lessons of the swaps litigation, (2000) pp291-328. there is also a useful survey by ..... law revision committee, chaired by lord hanworth mr (cmd 4546). the act expanded the circumstances in which interest might be awarded, to provide for the discretionary award of simple interest on any debt or damages for which judgment was given by a court. in june 1978 the law commission issued a report on interest (law com no 88 .....
Tag this Judgment!Court : House of Lords
..... leaving it to the agency and appellate authorities to supply their own non-discriminatory definition of the equivalent relationship. the tribunal, presided over by mrs priest, invoked the interpretation act 1978 to interpret 'a man and a woman living together as husband and wife' as 'a man or a woman and a woman or a man living together ..... if then the scheme discriminates between one family unit and another on the ground of its members' sexuality, article 14 too becomes engaged. here, by treating their finances as wholly separate when they are not, and by consequently assessing m's child support payment at a higher sum that if theirs was a heterosexual partnership, the ..... was in some respects less favourable than a statutory tenancy under para 2(2)). i return in paragraph 29 to the final chapter written in this story after the coming into force of the human rights act. further strasbourg and domestic case-law 141. at this point, it is convenient to step back and look at petrovic v .....
Tag this Judgment!Court : House of Lords
..... it, and also with the opinion of my noble and learned friend lord hope of craighead. what follow are merely footnotes to what they have said. the civil liability (contribution) act 1978 24. the position in england and wales differs slightly from that in scotland, in that a notice of appeal does not operate as an automatic stay on the judgment of ..... which the defender is himself being sued: beedie v norrie, 1966 sc 207, 210, per lord president clyde. it is the counterpart of part 20 of the civil procedure rules. chapter 26 is a re-enactment of a rule which was first introduced as rule 85 of the rules of the court of session 1965. where a third party is brought ..... words "who, if sued, might also have been held liable" preclude the raising of proceedings against a party who has already been sued and found not to be liable. 7. chapter 26 of the rules of the court of session 1994, which is headed third party procedure, enables questions arising out of claims by a defender against a third party for .....
Tag this Judgment!