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Krukziener in the High Court

The old moniker used to be that the taxpayer is under no obligation to arrange his affairs “as to enable the Inland Revenue to put the largest possible shovel into his stores.” (Ayrshire Pullman Motor Services v. Inland Revenue Commissioners (1929) 14 T.C. 754)   Those of us who practice in this area did not take this to mean that any arrangement designed to avoid paying tax was OK, simply that a taxpayer wasn’t under a positive obligation to expose his business affairs to taxation.  In legislative terms; we understood there was no “tax advantage” to an arrangement simply because the taxpayer could have (with some effort) arranged his affairs so as to pay more tax.   This seemed to us an application of clear law and common sense.  This High Court decision calls even that principle into question.

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In an increasingly complex tax world, how do you stay out of trouble?

Tax headlines recently have reflected lengthy tax disputes, many which have been lost by the taxpayer. Inland Revenue has increased its focus on tax audits and this can leave many companies feeling nervous about their practices. Are you next? Read more

Tainted land – what other options now?

The much heralded new associated person rules were introduced for land transactions from 6 October 2009.  There has been a plethora of commentary and articles on the new rules and it is not the intention of this article to add further to that body of work.  Needless to say however it is generally well accepted that the new rules are extremely wide, and difficult to break as far as establishing non-tainted entities for land developers, land dealers and builders (although not impossible in some circumstances, in the author’s opinion).  The purpose of this article is to instead explore the parameters of the exemptions available to land developers, dealers and builders.  In view of the fact that many clients who are in business as land developers, dealers or builders will be “tainted” under the new rules, perhaps now is the time to focus on other ways under the Act to avoid taxation on non-business land.

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Recent comments

  • Joanne Martin: Hi Would you be able to email me to discuss a small company that is an LTC which I need some advice on...
  • Rizwana Saheed: You are on the right track that there is an exemption when employees work overtime but whether or not...
  • bryan: as a group of employees we get paid meal money if we exceed 11hrs on any day. Employer says he wants to tax...
  • linda: My mother is 94 and has dementia. With govt assisted carers she is still living in a home gifted within the...
  • Sharon: Hi Daniel, Can you please advise how owners of a profit-making LTC pay themselves? The owners used to pay...
  • Another Anne: My Dad is in care on full subsidy. I am EPOA. Are we able to gift some money to my brother in UK so...
  • Twagilayesu Isaya: I agree with the author of this article that Inland Revenue Department need to provide clear...
  • Quinn: Hi. I would like some clarification regarding the valuation of the investments component of the owners basis...
  • QROPS Pensions: Interesting piece of writing, you always write the most useful content & TalkTax is no exception...
  • Davo: Jo, quite likely is that the transition to an LTC was not done in time and the company became a normal company...

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