Kirby v Revenue & Customs (INCOME TAX/CORPORATION TAX : Assessment/self-assessment) [2019] UKFTT 206 (TC) (25 March 2019)

Kirby v Revenue & Customs (INCOME TAX/CORPORATION TAX : Assessment/self-assessment) [2019] UKFTT 206 (TC) (25 March 2019)

The Tribunal held that, on the evidence, the appellant failed to prove that the interest on the relevant accounts was not beneficially his and thus taxable on him; similarly, without a formal pension sharing order, the full pension income was taxable on the appellant, regardless of private arrangements with his ex-wife.

Citation
[2019] UKFTT 206
Parties
Appellant: Sean Kirby; Respondents: The Commissioners for Her Majesty’s Revenue & Customs
Jurisdiction
United Kingdom
Judgment Date
25 March 2019
Procedural Posture
Income Tax Appeal / First Tier Tribunal (tax) Final Decision
Outcome
Appeal allowed in part
Legal Topics
Income Tax, Self Assessment, Beneficial Ownership, Pension Taxation, Resulting Trusts
Tax Law Income Tax Self Assessment Beneficial Ownership Pension Taxation Resulting Trusts

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 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Sean Kirby

Appellant

The Commissioners for Her Majesty’s Revenue & Customs

Respondents

Procedural Posture

Income Tax Appeal / First Tier Tribunal (tax) Final Decision

Legal Issues

  1. 1 Whether interest received on bank and building society accounts was beneficially owned by the appellant or held on resulting trust for his father and thus not taxable on the appellant
  2. 2 Whether liability to tax for pensions receivable by the appellant is affected by a private agreement to share the pensions with his ex-wife

Ratio Decidendi

The Tribunal held that, on the evidence, the appellant failed to prove that the interest on the relevant accounts was not beneficially his and thus taxable on him; similarly, without a formal pension sharing order, the full pension income was taxable on the appellant, regardless of private arrangements with his ex-wife.

Court Disposition

Appeal allowed in part

Orders

  • HMRC's assessments for 2011-12 and 2013-14 closure notices are upheld in relation to the interest and pension issues, except for years where HMRC conceded due to procedural defects.
  • No further order as to penalty assessments.