Earlspring Properties Ltd v Guest (Inspector of Taxes)
| Jurisdiction | England & Wales |
| Court | Court of Appeal (Civil Division) |
| Judgment Date | 08 March 1995 |
| Date | 08 March 1995 |
Court of Appeal
Before Lord Justice Balcombe, Lord Justice Evans and Lord Justice Waite
Earlspring Properties Ltd
and
Guest (Inspector of Taxes)
Corporation tax - close company - obligation to disclose liability
Obligation of disclosure on close companies
The obligation on a close company under section 10 of the Taxes Management Act 1970 was not limited to notice to the Inland Revenue that it was a close company but also that it was, or might be, chargeable to tax under section 286 of the Income and Corporation Taxes Act 1970.
The Court of Appeal so held in dismissing an appeal by Earlspring Properties Ltd against so much of an order by Mr Justice Vinelott (The Times May 28, 1993), as refused to quash determinations under section 88 of the Taxes Management Act 1970 in the sum of £5,376.28 for the year ended March 31, 1984 and in the sum of £3,455.35 for the year ended March 31, 1985.
Section 10 of the Taxes Management Act 1970...
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3 cases
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Joint (Inspector of Taxes) v Bracken Developments Ltd
... ... The commissioners, determining the case before Earlspring Properties Ltd v GuestUNK ((1993) STC 473) had been decided, held that the there had been no ... ...
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Walker (Inspector of Taxes) v Centaur Clothes Group Ltd
...12s. 12 are not determinative of the question before us. Nor for that matter is what was said in this court inEarlspring Properties Ltd v Guest (HMIT) [1995] BTC 274 at p. 277 although the deputy special commissioner had thought it assisted Mr Goldberg's construction of Income and Corporati......
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Robert Walker(Hm Inspector of Taxes) v Centaur Clothes Group Ltd
...not determinative of the question before us. Nor for that matter is what was said in this court in Earlspring Properties Ltd. v Guest [1995] S.T.C. 479, at p.483 although the Deputy Special Commissioner had thought it assisted Mr. Goldberg's construction of s.832. The judge did not agree an......
