Deeming rules, debits, partnerships and pension funds all feature within this month's update, by experts at Slaughter and May.
Fowler: UK deeming rule did not interpret double tax treaty
In Fowler v HMRC [2020] UKSC 22 the Supreme Court held overturning the Court of Appeal’s decision that a South African resident diver was taxable in the UK on income from activities carried out in UK waters. This case illustrates the challenges of working out the extent to which a statutory deeming provision should apply and determining whether there is any place for deeming provisions in the interpretation of tax treaties.
Deeming provisions
The deeming provision in question is ITTOIA 2005 s 15(2) which provides that a qualifying diver who would otherwise be taxed as an employee is instead treated as self-employed for ‘income tax purposes’.
Mr Fowler had...
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Deeming rules, debits, partnerships and pension funds all feature within this month's update, by experts at Slaughter and May.
Fowler: UK deeming rule did not interpret double tax treaty
In Fowler v HMRC [2020] UKSC 22 the Supreme Court held overturning the Court of Appeal’s decision that a South African resident diver was taxable in the UK on income from activities carried out in UK waters. This case illustrates the challenges of working out the extent to which a statutory deeming provision should apply and determining whether there is any place for deeming provisions in the interpretation of tax treaties.
Deeming provisions
The deeming provision in question is ITTOIA 2005 s 15(2) which provides that a qualifying diver who would otherwise be taxed as an employee is instead treated as self-employed for ‘income tax purposes’.
Mr Fowler had...
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If you do not subscribe but are a registered user, please enter your details in the following boxes:
