Carvill v Commissioners of Inland Revenue
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 2000 |
| Date | 01 January 2000 |
| Court | Special Commissioners |
special commissioners decision
Carvill
and
Commissioners of Inland Revenue
Income tax - Tax avoidance - Transfer of assets abroad - Whether defence in Income and Corporation Taxes Act 1988 section 741Income and Corporation Taxes Act 1988 s 741 applied - Whether test subjective or objective - Subjective - Formation of Bermuda holding company - whether bona fide commercial transaction not designed for tax avoidance - Whether various transactions were associated operations - Whether individual could be transferor of assets made by another individual - Income and Corporation Taxes Act 1988 section 739 section 741Income and Corporation Taxes Act 1988 s 739, 741
DECISION
Sorry, but the Judgment you have selected is not currently available
To continue reading
Request your trial
12 cases
-
Fisher and Others
...operations". In this respect, a number of cases were considered, including Fynn v IR CommrsTAX(1957) 37 TC 629, Carvill v IR CommrsSCD(2000) Sp C 233; Herdman v IR Commrs (1966-1969) 45 TC 394. The FTT conclude that an associated operation had to be "in relation to" the transferred assets a......
-
Carvill v Commissioners of Inland Revenue
...(Trustees of the Abdul Gaffoor Trust) v Commissioner of Income Tax, Colombo ELR[1961] AC 584 Carvill v IR Commrs TAXTAX[1996] BTC 72; (1995) 70 TC 126 Eagerpath Ltd v Edwards TAX[2001] BTC 12 Herdman v IR Commrs TAX(1969) 45 TC 394 Home Office v Wainwright UNK[2001] EWCA Civ 2081 Howard de ......
-
Carvill v Commissioners of Inland Revenue
...Act 1970, but subsequently (after a substantially unsuccessful attempt to require Special Commissioner Everett to restate the Case—see [1995] 70 TC 126) withdrew his appeal to the High Court. He paid the tax in April 1995 and the statutory interest in June 1996. He now wants his money back.......
-
Fishers and Others v R & C Commissioners
...From the above, we summarise the following propositions in relation to the motive defence: The test is subjective. (Carvill v IR Commrs (2000) Sp C 233) Evidence of a person's reactions to what is said to them and circumstances as well as what they say their purpose is may be relevant. (Phi......
Request a trial to view additional results