Harry Thorpe v HM Commissioners for Revenue and Customs


Reference:
[2010] EWCA Civ 339, [2010] STC 964, [2009] STC 2107

Date:
23rd January 2013

Court:
High Court

Comment:

Where payments to a director from a pension scheme were unauthorised and so in breach of trust, the director could not receive the payments free from the trusts of the scheme and there was no payment to him triggering a charge to tax under the Income and Corporation Taxes Act 1988 s 596A and s600. Where the sole director of a company, who was the sole member of an exempt approved pension scheme, directed the trustees to transfer funds to him prior to retirement he was liable for assessment under the 1988 Act s519C.

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