Weekly case highlights ― 29 November 2021

Produced by a Tolley Owner-Managed Businesses expert

Owner-Managed Businesses

Guidance

These are our brief notes and thoughts on cases published in the last week or so which caught our eye and are likely to be of particular interest to tax practitioners. Full case reports and commentary on most of these cases will be included within our normal reference sources in the coming weeks.

Income tax

Mark Dunsby v HMRC

It is always interesting when taxpayers attempt to use anti-avoidance legislation to their own advantage. This is a good example. The settlements legislation basically says that a person who sets up a structure can still be taxable on the income even if it is paid to somebody else. Here, matters were so arranged that the person who set up the structure was offshore but the person to whom the income was paid was onshore. The aim was that the income would be treated as that of the offshore person who, being non-resident, would not be taxable. The person receiving the income would therefore escape liability.

The First-tier Tribunal went behind the structure and found that the true

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