H M Inspector of Taxes v Keeling

H M Inspector of Taxes v Keeling

The Inspector is entitled under regulation 7(2)(f) to take into account anticipated losses when determining the PAYE code, as the PAYE regime is provisional and should reflect the likely true tax position, even if the entitlement to loss relief is not yet finally established.

Parties
Appellant: Stephen Blackburn (H M Inspector of Taxes); Respondent: Christopher Keeling
Jurisdiction
England and Wales
Judgment Date
09 April 2003
Procedural Posture
Appeal by Way of Case Stated / Judgment After Hearing
Outcome
appeal dismissed
Legal Topics
PAYE Coding, Loss Relief, Lloyd's Syndicate Losses, Income Tax Assessment
Tax Law PAYE Coding Loss Relief Lloyd's Syndicate Losses Income Tax Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Stephen Blackburn (H M Inspector of Taxes)

Appellant

Christopher Keeling

Respondent

Procedural Posture

Appeal by Way of Case Stated / Judgment After Hearing

Legal Issues

  1. 1 Whether anticipated losses for the 2003/4 assessment year can be reflected in PAYE coding before the losses are finally declared and claimable under section 380 ICTA 1988.

Ratio Decidendi

The Inspector is entitled under regulation 7(2)(f) to take into account anticipated losses when determining the PAYE code, as the PAYE regime is provisional and should reflect the likely true tax position, even if the entitlement to loss relief is not yet finally established.

Court Disposition

appeal dismissed

Orders

  • The decision of the General Commissioners is upheld.