Commissioner of Inland Revenue v Challenge Corporation Ltd

JurisdictionUK Non-devolved
Judgment Date1987
Date1987
Year1987
CourtPrivy Council
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18 cases
  • Matrix Securities Ltd v Commissioners of Inland Revenue
    • United Kingdom
    • House of Lords
    • 17 February 1994
    ...to in the judgment: Black Nominees Ltd v Nicol (HMIT) TAX(1975) 50 TC 229 Commr of Inland Revenue (New Zealand) v Challenge Corp LtdELRTAX[1987] AC 155; [1986] BTC 442 Eilbeck (HMIT) v Rawling UNKELR[1980] 2 All ER 12 (CA); [1982] AC 300 (HL) Ensign Tankers (Leasing) Ltd v Stokes (HMIT) ELR......
  • Commissioners of Inland Revenue v Willoughby
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 16 December 1995
    ...for the taxpayers. The following cases were referred to in the judgment: Commr of Inland Revenue (New Zealand) v Challenge Corp LtdELRTAX[1987] AC 155; [1986] BTC 442 Congreve v IR Commrs TAXUNK(1948) 30 TC 163; [1948] 1 All ER 948 Edwards (HMIT) v Bairstow & Anor ELR[1956] AC 14 Ensign Tan......
  • MacNiven v Westmoreland Investments Ltd
    • United Kingdom
    • House of Lords
    • 8 February 2001
    ... ... 1 On this appeal the Inland Revenue Commissioners pray in aid what is loosely called ... the meaning of section 338 of the Income and Corporation Taxes Act 1988 ... Westmoreland suffered badly in the ... , who appeared for HM Inspector, said he did not challenge the findings of the Commissioners that the loans and ... dealing with tax avoidance schemes: Gilbert v Commissioner of Inland Revenue (1957) 248 F2d 399 ... Perhaps the ... ...
  • Ensign Tankers (Leasing) Ltd v Stokes
    • United Kingdom
    • House of Lords
    • 12 March 1992
    ...his taxable income without suffering any financial loss or expenditure. In Commissioner of Inland Revenue v. Challenge Corporation Ltd. [1987] A.C. 155 [1987] A.C. 155, 167-168 delivering the advice of the majority I drew a distinction between tax mitigation and tax avoidance in these terms......
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2 books & journal articles
  • Tax avoidance - a view from the dark side.
    • Australia
    • Melbourne University Law Review Vol. 39 No. 3, April 2016
    • 1 April 2016
    ...785. (64) Tax Laws Amendment (Countering Tax Avoidance and Multinational Profit Shifting) Act 2013 (Cth). (65) Pagone, above n 6, 3. (66) [1987] AC 155,168. (67) (1989) 166 CLR (68) Finance Act ch 5 pt 5. (69) See, eg, Ramsay [1982] AC 300; Inland Revenue Commissioners v Burmah Oil Co Ltd [......
  • General Anti-Avoidance Rules and Tax Treaties: A South African Perspective
    • South Africa
    • South Africa Mercantile Law Journal No. , May 2022
    • 16 May 2022
    ...2020. This def‌inition usedby SARS is based, in part, on the judgment handed down by Lord Templeton in CIR vChallenge Corporation Ltd (1987) AC 155, where the court held: ‘Income tax is avoided and atax advantage is derived from an arrangement when the taxpayer reduces his liability to taxw......

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