The Court of Appeal has been given the opportunity to shed some light on when a payment has a UK source. Charles Yorke (Allen & Overy) reviews the judgment.
The appeal in Ardmore Construction v HMRC [2018] EWCA 1438 was about the territorial scope of income tax. As a general principle a non-resident is only taxed on income that has a UK source (often but not always by way of withholding). There is little useful UK case law on the meaning of source and so market practice has developed around HMRC guidance. This decision had the potential to cut right across that guidance and so upset years of practice.
As it happened the Court of Appeal declined to lay down any general principles and simply concluded that as a question of fact it would not be appropriate to overturn the Upper Tribunal’s decision. It would have been...
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The Court of Appeal has been given the opportunity to shed some light on when a payment has a UK source. Charles Yorke (Allen & Overy) reviews the judgment.
The appeal in Ardmore Construction v HMRC [2018] EWCA 1438 was about the territorial scope of income tax. As a general principle a non-resident is only taxed on income that has a UK source (often but not always by way of withholding). There is little useful UK case law on the meaning of source and so market practice has developed around HMRC guidance. This decision had the potential to cut right across that guidance and so upset years of practice.
As it happened the Court of Appeal declined to lay down any general principles and simply concluded that as a question of fact it would not be appropriate to overturn the Upper Tribunal’s decision. It would have been...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
