White v Revenue & Customs [2015] UKFTT 21 (TC) (19 January 2015)

The Appellant failed to provide evidence that private expenses paid by the company were reimbursed or that the director's loan account could be rewritten to offset the assessed benefits. HMRC's assessments were reasonable and substantiated; therefore, the assessments are upheld.

Citation: [2015] UKFTT 21 (TC)
Parties: Appellant: Dennis White; Respondents: The Commissioners for Her Majesty’s Revenue & Customs
Jurisdiction: United Kingdom
Judgment Date: 19 January 2015
Procedural Posture: Income Tax/corporation Tax Assessment Appeal / First Tier Tribunal (tax Chamber) Decision
Outcome: Appeal dismissed
Legal Topics: Income Tax, Corporation Tax, Benefits in Kind, Directors Loan Account, Self Assessment, Assessment Procedure

Tax Law Income Tax Corporation Tax Benefits in Kind Directors Loan Account Self Assessment Assessment Procedure

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 13

Parties

Dennis White

Appellant

The Commissioners for Her Majesty’s Revenue & Customs

Respondents

Procedural Posture

Income Tax/corporation Tax Assessment Appeal / First Tier Tribunal (tax Chamber) Decision

Legal Issues

1 Whether private expenses incurred by the Appellant and paid by the company should be assessed as benefits in kind
2 Whether the Appellant can offset a claimed but unproven credit balance on the director's loan account against the assessed benefits

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Assessments for the years 2006-07, 2007-08, and 2008-09 are upheld as made by HMRC.