Cude v Revenue & Customs [2010] UKFTT 424 (TC) (07 September 2010)

Cude v Revenue & Customs [2010] UKFTT 424 (TC) (07 September 2010)

The compensation payment was received directly or indirectly in connection with the appellant's loss of office as subpostmaster and is therefore taxable as employment income under s.401 ITEPA 2003, subject to the £30,000 exemption in s.403.

Citation
[2010] UKFTT 424 (TC)
Parties
Appellant: Anthony Cude; Respondents: The Commissioners for Her Majesty’s Revenue and Customs
Jurisdiction
United Kingdom
Judgment Date
07 September 2010
Procedural Posture
Appeal / First Tier Tribunal (tax) Decision
Outcome
Appeal dismissed
Legal Topics
Income Tax, Employment Income, Compensation Payments, Loss of Office, Goodwill, Tax Exemption
Tax Law Employment Law Income Tax Employment Income Compensation Payments Loss of Office Goodwill Tax Exemption

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Parties

Anthony Cude

Appellant

The Commissioners for Her Majesty’s Revenue and Customs

Respondents

Procedural Posture

Appeal / First Tier Tribunal (tax) Decision

Legal Issues

  1. 1 Whether the termination payment received by the appellant was compensation for loss of capital outlay/goodwill or for loss of office and thus taxable as employment income under s.401 ITEPA 2003, subject to s.403 exemption.

Ratio Decidendi

The compensation payment was received directly or indirectly in connection with the appellant's loss of office as subpostmaster and is therefore taxable as employment income under s.401 ITEPA 2003, subject to the £30,000 exemption in s.403.

Court Disposition

Appeal dismissed

Orders

  • The compensation payment is taxable as employment income under s.401 ITEPA 2003, subject to a £30,000 exemption under s.403.