Dr Michael Wilkinson v Commissioners for Her Majesty's Revenue and Customs

Decision date: 18 June 2010

Neutral citation: [2010] UKFTT 283 (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 whether a £3,416.19 "relocation" payment and a £633.88 "emergency call‑out" payment were tax‑exempt. The Tribunal held the relocation payment was taxable because Portsmouth was a "permanent workplace" for the relevant year and the statutory removal/relocation exemptions did not apply. It allowed the call‑out claim in part, finding the call‑out travel was in performance of duties but tax‑exempt only up to 40p per mile (1196 miles = £478.40). The remainder of the call‑out payment was not exempt.

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: medium

Where an employee regularly performs duties and tasks are allocated at a particular place, that place may be a "permanent workplace" for tax purposes even within a rotational training programme, so travel there can be ordinary commuting; payments characterized as relocation/removal benefits require the statutory links to a "former residence" and other conditions to be met; and where travel is in the performance of duties any tax‑exempt mileage is limited to the statutory per‑mile rate.

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 indicated but did not decide that whether the overall training programme constituted a single employment was not decisive to the outcome, and noted the burden of proof lay on the appellant to establish workplace status and factual matters relied on.