Chappell v Revenue & Customs

Chappell v Revenue & Customs

The court found that the applicant's arguments raised points of sufficient general interest and real prospect of success, particularly regarding the application of the Ramsay principle, the interpretation of 'payment', 'transfer', and 'security', and the operation of section 3 ICTA. Permission to appeal was therefore granted.

Parties
Applicant/appellant: Mr Andrew Chappell; Respondent/respondent: The Commissioners of HM Revenue & Customs
Jurisdiction
England and Wales
Judgment Date
11 June 2015
Procedural Posture
Civil Tax Appeal / Application for Permission to Appeal From Upper Tribunal to Court of Appeal
Outcome
permission to appeal granted
Legal Topics
Manufactured Overseas Dividends, Annual Payments, Ramsay Principle, Deductibility of Payments, Interpretation of ICTA 1988
Tax Law Manufactured Overseas Dividends Annual Payments Ramsay Principle Deductibility of Payments Interpretation of ICTA 1988

Case Brief

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Parties

Mr Andrew Chappell

Applicant/appellant

The Commissioners of HM Revenue & Customs

Respondent/respondent

Procedural Posture

Civil Tax Appeal / Application for Permission to Appeal From Upper Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the loan notes constituted 'manufactured overseas dividends' under schedule 23A to ICTA 1988
  2. 2 Whether the payments were deductible from total income under section 349 ICTA 1988
  3. 3 Whether the Ramsay principle applied to deny the deduction

Ratio Decidendi

The court found that the applicant's arguments raised points of sufficient general interest and real prospect of success, particularly regarding the application of the Ramsay principle, the interpretation of 'payment', 'transfer', and 'security', and the operation of section 3 ICTA. Permission to appeal was therefore granted.

Court Disposition

permission to appeal granted

Orders

  • Permission to appeal is granted to the applicant.