Court : House of Lords
..... claim. section 47(2) of the finance act 1997 provided that this amendment: shall be deemed to have come into force on 18 july 1996 as a provision applying, for the purposes of making any repayment on or after that date, to all claims under section 80 of [vata 1994], including claims made before that date and claims relating to payments made before that date. ..... 105. i do not see that this conclusion is inconsistent with what the ecj said in para 25 of its judgment in ec commission v united kingdom (case c-33/03) [2005] stc 582, about the insufficiency of tax authority guarantees and the need for conforming national legislation ..... action. the ecj said in ec commission v united kingdom case c-33/03 [2005] stc 582, para 25: it is settled case law that the incompatibility of national legislation with community provisions can be finally remedied only by means of national provisions of a binding nature which have the same legal force as those which must be ..... . in ec commission v united kingdom [2005] stc 582, another vat case, the ecj said in its judgment at para 25, that it is settled case law that the incompatibility of national legislation with community provisions can be finally remedied only by means of national provisions of a binding nature which have the same legal force as those which must be amended .....
Tag this Judgment!Court : House of Lords
..... is true of sections 660a and 660b of the income and corporation taxes act 1988 as amended by the finance act 1995. 42. ..... , as long ago as 1940, in commissioners of inland revenue v payne (1940) 23 tc 610, sir wilfred greene mr discussing a somewhat more simply drafted statutory predecessor of the sections in question here, namely section 38 of the finance act 1938, said this, at p 626, in relation to a scheme whose details are not of significance for present purposes: "the word 'arrangement' is not a word of art. ..... definition of "settlement" ("includes any disposition, trust, covenant, agreement, arrangement or transfer of assets") appeared for the first time in subsection (9)(b) of section 21 of the finance act 1936 (provisions as to income settled on children), which was capable of applying to covenanted payments as well as to the income of settled property. ..... would reject it essentially for the reasons given by sir andrew morritt c, in paragraph 97 of his judgment in the court of appeal, [2005] ewca civ 1553 [2006] 1 wlr 1123: "each share carries a right to share in dividends duly declared. ..... i agree with park j, who said in this case (at [2005] stc 1667, 1709, para 39) that it would have made no difference if there had merely been expectations that jack hawkins would work for the company at a salary to be fixed from time to time and that ..... found favour with the senior commissioner, and, albeit after some hesitation, with park j (see [2005] ewhc ch 849, [2005] stc 1667 at para 46). .....
Tag this Judgment!Court : House of Lords
..... decision of the court being framed as follows:' the question of law for the opinion of the court is whether the city of glasgow police athletic association is, within the meaning and for the purposes of section 30 of the finance act, 1921 (as amended by section 24 of the finance act, 1927), a charity, namely a body of persons established for charitable purposes only. ..... lordships did not address themselves to a discussion and decision of the question of law submitted for their opinion, whether the city of glasgow police athletic association is, within the meaning and for the purposes of section 30 of the finance act, 1921 (as amended by section 24 of the finance act, 1927) a charity, namely a body of persons established for charitable purposes only. ..... my lords, the respondents claim that they are entitled to exemption from income tax under section 30 of the finance act, 1921, as amended by section 24 of the finance act, 1927. ..... association is such a body, it is not disputed that the profit of 1,214 resulting from its annual amateur sports meeting, held during the year ending 30th september, 1950, is exempted from income tax by section 30 (1) (c) of the finance act, 1921 as amended by section 24 of the finance act, 1927. ..... it is agreed that the profits of a trade, namely the holding of annual athletic sports, carried on by them, will be exempt from income tax under schedule d, by virtue of section 30 (1) (c) of the finance act, 1921, as amended by section 24 of the finance act, 1927. .....
Tag this Judgment!Court : House of Lords
..... " it may be added, however, by way of contrast, that such surpluses were held liable to be included in computing profits for the purposes of corporation profits tax, by virtue of the express provisions of paragraph (h) of subsection (2) of section 53 of the finance act, 1920, the material part of which provides, "profits shall include in the case of mutual trading concerns the surplus arising from transactions with members. ..... house by the appellants upon the assumptiondictated by the form of the case statedthat the relevant terms of the contracts of insurance between the company and its members were such that, apart from section 31 of the finance act, 1933, no taxable profit could thereby arise to the company. ..... the section under discussion, section 31 of the finance act, 1933, is clearly a remedial section, if that is a proper description of a section intended to bring further subject-matter within the ambit of taxation. ..... participators, and that the surpluses arising on its transactions would not have been assessable to income tax, in view of the decisions already referred to, but the crown maintains that such liability is imposed by the provisions of section 31 of the finance act, 1933, the material part of which enacts as follows: "31. ..... it is not disputed that the assessment was made on the footing that such surplus constituted profits chargeable to income tax by virtue of section 31 of the finance act, 1933, and could not otherwise be justified. .....
Tag this Judgment!Court : House of Lords
..... (in 2005, section 6 of the 1979 act was repealed by the commissioners for revenue and customs act 2005 (the 2005 act), and para 1 of schedule 11 was amended so that it states that the commissioners are responsible for the ..... section 77 prescribes a long-stop time limit, normally six years in the section as originally enacted and now three as substituted by section 47(10) of the finance act 1997, on the making of assessments, including assessments for penalties, interest or surcharge, under section ..... secondly, section 55a was added by section 19(1) of the finance act 2006, together with section 26ab which provides for the adjustment of accounts ..... first, section 77a was added by section 18(1) and (4) of the finance act 2003 with ..... section 77a was introduced by the finance act 2003, and was therefore not in force when the ..... s.77a, introduced only with effect from 10th april 2003 by the finance act 2003 and so not applicable at the times relevant to this appeal, contains a major extension, by creating potentially joint and several liability for unpaid vat on the part of any taxable person who, ..... of this form of sales tax throughout all the member states of the eu: see part i of the finance act 1972, which brought the then directives into force in the uk following its accession to the eec. ..... relating to direct and indirect tax is comprehensively reviewed annually by the legislature through a finance bill which is presented by the chancellor of the exchequer, no doubt after consultation .....
Tag this Judgment!Court : House of Lords
..... the well-settled presumption against a statute being construed as having extra-territorial effect (see ex parte blain (1879) 12 ch d 22) is ousted by a sufficient indication that in this case parliament did intend section 555 (2) of the income and corporation taxes act 1988 ("icta 1988") and its associated provisions (re-enacting provisions originally introduced by section 44 of and schedule 11 to the finance act 1986) to apply to a payment made by a person neither resident nor having any tax presence in the united kingdom. ..... the relevant statutory provisions were first enacted in the finance act 1986, section 44, and schedule 11 to that act under which the 1987 regulations were made. ..... 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 tax charge under schedule d imposed by what became section 18(1)(a)(iii) of the 1988 act. ..... that led to the closure notice and to the proposed amendment of mr agassi's self-assessment return were payments caught by section 556(2). ..... the closure notice gave rise to a notice of amendment of mr agassi's self-assessment tax return proposing the addition of an income tax charge of 27,500 odd. .....
Tag this Judgment!Court : House of Lords
..... decisions cited to the court of appeal are listed as bank of credit and commerce international (overseas) ltd v price waterhouse 24 march 1998, laddie j, barings plc v coopers and lybrand [2003] 1 lloyds rep ir 566 and sasea finance ltd (in liquidation) v kpmg [2000] 1 all er 676, but there were some other strands in the litigation about barings, and many other strands in the bcci litigation (mr brindles printed case refers in particular to the judgment ..... in my opinion that shows confusion of thought, since if the trader had been convicted of the more serious offence under section 96 of the singapore income tax act it would have been guilty of deliberate and dishonest tax evasion and could not have been described as an innocent party. ..... there is also a full statement of the facts which must be assumed (for the purposes of moore stephens strike-out application) in the lengthy amended statement of claim (running to 398 paragraphs, with supporting schedules) setting out s and rs case against moore stephens. ..... that seems to have been the principle of the decision of the court of appeal of singapore in united project consultants pte ltd v leong kwok onn [2005] slr 214 (paras 55 to 57), where the claimant trading company had been fined for incorrect tax returns prepared by the defendant. ..... the last of the recent cases is the decision of the court of appeal in bank of india v morris [2005] bcc 739, one of the many cases concerned with the fallout from the collapse of bcci. .....
Tag this Judgment!Court : House of Lords
..... this provision no longer applies in relation to a mistake of law relating to a taxation matter under the care and management of the commissioners for revenue and customs: finance act 2004, section 320 (read together with section 5 of the commissioners for revenue and customs act 2005). ..... to "restitution of, and further and/or alternatively compensation for, and further and/or alternatively compensation for the loss of use of, monies paid on account of act pursuant to unlawful demands by the first and/or second defendant and/or under a mistake of law and pursuant to the statutory provisions in respect of the dbag dividends" (later amended to both sets of dividends), compensation for loss of use of the monies to be calculated "from the dates of payment until set-off against mainstream ..... the pleading issue is whether these amendments added or substituted a new cause of action outside the category permitted by section 35(5)(a) of the limitation act 1980 ("if the new cause of action arises out of the same facts or substantially the same facts as are already in issue on any claim previously made in the original action. ..... (no mention of the 1995 and 1996 act payments appeared in the pleadings until an amendment made on 19 august 2002 and there is an issue, to which i shall return later, over whether that latter date should be taken for the purposes of limitation as the commencement date of the proceedings in respect of those dividends. .....
Tag this Judgment!Court : House of Lords
..... . levan as tenant for life had power under the settled land act, 1925, to direct a change of investment of the capital moniesthat by the joint effect of section 58 (2) and section 58 (4) of the finance act, 1940, he must be deemed to have made a transfer, but i think that such transfer was made by him in a fiduciary capacity, because the act which results in the notional transfer was done in a fiduciary capacity, so that the resulting transfer must be regarded as having been made ..... for value or not, after becoming an interest in possession, (a) if apart from the disposition or determination the property in which the interest subsisted would have passed on the death under section one of the finance act 1894, that property shall be deemed by virtue of this section to be included as to the whole thereof in the property passing on the death .... ..... they were (a) a claim under section 43 of the finance act, 1940, against the appellants, the present trustees of the resettlement, for estate duty on the 50,000 ordinary shares of the company, and, alternatively, (b) a claim under section 46 of that act against the company for estate duty on a proportion of the company's assets corresponding to the benefits accruing to ..... that the trustees are to be regarded for the purposes of section 43 (2) (a) of the finance act, 1940, as having assumed bona fide possession and enjoyment of the 50,000 ordinary shares immediately after the determination by the deed poll of the 29th march, 1927, of the late .....
Tag this Judgment!Court : House of Lords
..... group 8a was in turn restricted following the judgment of the european court of justice in commission of the european communities v united kingdom (case 416/85) [1990] 2 qb 130 by an amendment effected by the finance act 1989 to confine zero-rating in the case of protected buildings to the reconstruction and alteration of certain defined classes of residential buildings. ..... what is important for present purposes is that both statutory regimes prohibit unauthorised destruction or alteration of the listed or scheduled property, the prohibition being backed by criminal sanctions; and both contain provisions (that is the tailpiece to section 1(5) of the 1990 act, and section 61(9) and (10) of the 1979 act) which extend the scope of the prohibition beyond the actual listed building or scheduled building, structure or site. ..... for a relevant residential purpose or a relevant charitable purpose after the reconstruction or alteration and which, in either case, is (a) a listed building, within the meaning of (i) the planning (listed buildings and conservation areas) act 1990 " in section 1(5) of the 1990 act, parliament has added words so as to extend the basic meaning of what is being defined: "in this act 'listed building' means a building which is for the time being included in a list compiled or approved by the secretary of state under this .....
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