Philip Duke v Commissioners for Her Majesty's Revenue and Customs

Decision date: 6 July 2010

Neutral citation: [2010] UKFTT 306 (TC)

Overall AI summary confidence: high

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Short overview

This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.

AI confidence in this short overview: high

This appeal concerned HMRC's amendment of Mr Duke's 1998/1999 self‑assessment after rejecting claimed Castle Trust losses and the related question whether HMRC were time‑barred because they had not opened an enquiry into the trustees' return. The Tribunal held that where s.77 TCGA 1992 applies (the settlor has an interest) trust gains are treated as accruing to the settlor and the self‑assessment/enquiry procedures apply to the settlor; the trustees' return is administrative/informational and does not prevent HMRC enquiring into or amending the settlor's return. The appeal was dismissed and the amended assessment increasing tax was upheld.

Ratio decidendi

This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.

AI confidence in this ratio decidendi summary: high

Where a settlor has an interest so that s.77 TCGA 1992 applies, the trust gains are treated as accruing to the settlor and the assessment and enquiry machinery applies to the settlor rather than requiring a prior or separate enquiry into trustees; a trustee's return under TMA 1970 is primarily administrative/informational and does not create a prerequisite that trustees be within trustee assessment/enquiry time limits before s.77 can be invoked to charge the settlor.

Obiter dicta

This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.

AI confidence in this obiter dicta summary: medium

The Tribunal treated observations of the Special Commissioners in Ayretel (SpC 00718 [2008]) as persuasive on the informational role of trustee returns and rejected a literal construction that would require trustees to be chargeable before s.77 could operate as unnecessary to HMRC's power to assess the settlor.