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Gillian Rockall v HMRC

Employment related benefits: deductions

In Gillian Rockall v HMRC (TC03767 – 1 July 2014) the FTT found that business expenses had not been incurred ‘in the performance of an employee’s duties’.

Mr and Mrs Rockall were the directors and controlling shareholders of two companies ML and WHL which had their registered offices at their home. Both companies owned conference centres and hotels which ran residential courses. One of them also owned yachts which were used for chartering and networking purposes.

Mr Rockall purchased jewellery to be worn by his wife at events attended by high net worth individuals as ‘one needs to convey the right image’. Finally Mr Rockall purchased expensive clocks to showcase at one of the hotels.

The yachts jewellery and clocks were employment related benefits (ITEPA 2003 s 203(1)) as they were provided by the two companies which were the employers...

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