Golding v Revenue & Customs [2011] UKFTT 232 (TC) (08 April 2011)

Golding v Revenue & Customs [2011] UKFTT 232 (TC) (08 April 2011)

The Tribunal found that the Ferrari was not made available to Mr Golding for his use or benefit as an employee or director; it was used as a marketing tool or was up for sale, and there was no evidence of personal use. Therefore, the assessment for benefit in kind in respect of the Ferrari must be discharged.

Citation
[2011] UKFTT 232 (TC)
Parties
Appellant: Michael Golding; Respondents: The Commissioners for Her Majesty’s Revenue and Customs
Jurisdiction
United Kingdom
Judgment Date
08 April 2011
Procedural Posture
Tax Appeal / First Tier Tribunal Decision
Outcome
Appeal allowed
Legal Topics
Benefits in Kind, Employment Taxation, Company Cars, Income Tax (earnings and Pensions) Act 2003
Tax Law Benefits in Kind Employment Taxation Company Cars Income Tax (earnings and Pensions) Act 2003

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 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Michael Golding

Appellant

The Commissioners for Her Majesty’s Revenue and Customs

Respondents

Procedural Posture

Tax Appeal / First Tier Tribunal Decision

Legal Issues

  1. 1 Whether the Ferrari motorcar was 'made available' to Mr Golding by reason of his employment as a director/employee of Huntington Antiques Ltd, thus constituting a taxable benefit in kind

Ratio Decidendi

The Tribunal found that the Ferrari was not made available to Mr Golding for his use or benefit as an employee or director; it was used as a marketing tool or was up for sale, and there was no evidence of personal use. Therefore, the assessment for benefit in kind in respect of the Ferrari must be discharged.

Court Disposition

Appeal allowed

Orders

  • Assessment for benefit in kind in respect of the Ferrari motorcar is discharged.