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Supreme Court says HMRC Guidance “Clearly Wrong”
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Press Release
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On 3rd February the Supreme Court gave Judgment in Grays Timber Products, the first tax case to be heard by the Supreme Court and the first case concerning employee share awards under the rules introduced in 2003.
In refusing the taxpayer’s appeal Lord Walker described the Revenue’s guidance published in 2003 as being, on HMRC’s own case “clearly wrong”. He also described the 2003 amendments as being “in anything but plain English”, and that he was “left in real doubt as to whether Parliament has in Part 7 of ITEPA 2003, enacted a scheme which draws a coherent and consistent distinction between intrinsic and extrinsic rights attaching to “employment related securities.”
Michael Sherry, Counsel for the taxpayer commented, “It is regrettable that HMRC argued this case contrary to its own clear guidance, and that the Supreme Court did not find that guidance authoritative.”
For further information contact Michael Sherry at Temple Tax Chambers, 0207 353 7884 or michael.sherry@templetax.com.
For the Supreme Court Judgment in Gray’s Timber, click here.
For further information about the case, click here.
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Landmark tax case on market value
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Grays Timber Products Limited v HMRC was heard by the new Supreme Court on 14th/15th December 2009.
The Appellant was represented by Michael Sherry leading Alun James, both of Temple Tax Chambers.
This was the first tax appeal before the Supreme Court and the first appeal from the Court of Session to the Supreme Court, and also the first United Kingdom tax case to be filmed.
It was also the first case concerning Part 7 of the Income Tax (Employment and Pension) Act 2003 and the first case concerning ascertainment of market value in a tax context to reach this level since Lynall v IRC [1976] AC 680, in 1975.
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"Image Rights and Tax"
&
"Agents Regulations - The New Dual Representation Regime"
Richard Bramwell QC will address the Chief Finance Officers of the Premier League Clubs on the above topics on 25 September 2009
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Click here for Richard Bramwell's article on HMRC's replacement for IR20, "Does HMRC 6 have the Xfactor?" in September's issue of Tax Adviser
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Schwarz on Tax Treaties has just been published by CCH along with their Annotated UK Double Tax Treaties (Book 2009) of which Jonathan Schwarz is consultant editor.
For details click here.
http://www.cch.co.uk/schwarz
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The 3rd edition of Tax Indemnities and Warranties co-written by Philip Ridgway has been published by Tottle Publishing.
For further details click here
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