Monday 15 December 2014

Some injury to feelings awards deemed 'taxable'...Will this mean grossing up?

The First Tier Tribunal (Tax Chamber) in Moorthy v Revenue & Customs Commissioners has decided that some injury to feelings awards will be taxable.

Any payment made "directly or indirectly in consideration or in consequence of, or otherwise in connection with" the termination of employment was said to be taxable under s.401 Income Tax (Earnings and Pensions) Act 2003.

The First Tier Tribunal drew a distinction between cases where injury to feelings compensation is paid where it is, or is not, "directly or indirectly in consideration or in consequence of, or otherwise in connection with" the termination of employment.

No doubt this definition of Byzantine complexity will further darken the already murky waters for practitioners when attempting to grope for a settlement whilst trying to work out tax liabilities for their client.

www.charlesprice.net

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