Earlspring Properties Ltd v Guest (Inspector of Taxes)

JurisdictionEngland & Wales
CourtChancery Division
Judgment Date10 May 1993
Date10 May 1993

Chancery Division

Before R Justice Vinelott

Earlspring Properties Ltd
and
Guest (Inspector of Taxes)

Income tax - company liability - deduction of director's remuneration

Excessive pay not deductible

Remuneration paid by a company, on the advice of its accountant, to the sole shareholder and director which was found to be excessive remuneration for the work that she did and to represent in part a diversification of her husband's earnings to her for fiscal purposes, was not deductible in computing the company's tax liability, not being...

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4 cases
  • Earlspring Properties Ltd v Guest (Inspector of Taxes)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 8 March 1995
  • Earlspring Properties Ltd v George Guest Esq.(HM Inspector of Taxes)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 8 March 1995
    ...the year ended 31 March 1984 and in the sum of £3455.35 for the year ended 31 March 1985. The decision of Vinelott, J. is reported in [1993] S.T.C. 473. A cross-appeal by the Revenue relating to another aspect of the judge's order was not pursued before us. 3 Earlspring is a company residen......
  • So Kai Tong Stanley v The Commissioner Of Inland Revenue
    • Hong Kong
    • High Court (Hong Kong)
    • 20 January 2004
    ...merit in this argument. The two English cases of Copeman v William Flood & Sons (1940) 24 TC 53 at 56 and Earlspring Property Ltd v Guest [1993] STC 473 at 486 held that where the Revenue had concluded that the expense was not wholly and exclusively incurred for the purpose of the taxpayer'......
  • Khera's Emporium Ltd and Others v Marshall (HM Inspector of Taxes)
    • United Kingdom
    • Special Commissioners (UK)
    • 29 July 1998
    ...Act 1970, the burden of disproving the figures in the assessments lay upon the taxpayers. Mr Banks made reference to Earlspring Properties Ltd v Guest 67 TC 259, Hurley v Taylor, TL 3543 and Hudson v Humbles 42 TC 380. The taxpayers contended for their part that they had done nothing wrong ......