Market leading insight for tax experts
View online issue

JT Dove Ltd v HMRC

Payment to employee benefit trust

In JT Dove Ltd v HMRC (TC00893 – 17 January) a company (J) appealed against a corporation tax assessment for the accounting period ending December 1997 contending that it was entitled to a deduction for a payment of £3 000 000 to an employee benefit trust The First-Tier Tribunal rejected this contention and dismissed the appeal. Applying the principles laid down by the HL in Dextra Accessories Ltd & Others v MacDonald [2005] STC 1111 the payment was a ‘potential emolument’ and could therefore only be deducted from taxable profits if it was paid within nine months of the end of the accounting period in which the deduction was claimed.

Why it matters: CTA 2009 s 1290 provides that ‘employee benefit contributions’ are not deductible for corporation tax purposes unless ‘qualifying benefits are provided or qualifying contributions are paid...

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:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this article in full.
Please reach out to customer services at +44 (0) 330 161 1234 or 'customer.services@lexisnexis.co.uk' for further assistance.
EDITOR'S PICKstar
Top