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Trading Income
Case list
21
Law
Undergraduate 3
05/13/2011

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Cards

Term
S.5 ITTOIA 2005
Definition
Tax is applied on profits from trading profession or vocation
Term
S.6 ITTOIA 2005
Definition
Residents in UK taxed irrespective of where they trade, but non-uk residents only taxed on trade carried out in UK
Term
s. 7 ITTOIA 2005
Definition
all profits are charged except those which are covered by CGT.
Term
s. 989 Income Tax Act
Definition
Definition of Trade includes "venture in the nature of trade"
Term
Law commission Report Case
Definition
The LCR traded with law reports but for a non profitable purpose. it was held that the purpose did not matter as long as it was trade.
Term
NY Life Insurace Co v Styles
Definition
principle of Mutual trading dictates that on cannot trade with oneself.
Term
Ensign Tankers Ltd. v Stokes
Definition
Term
Clark v BPTC Trustees
Definition
where there is doubts as to whether there is a trade or not then a fiscal intention becomes important.
Term
Mann v Nash
Definition
The revenue sought to tax fruit machine which was illegal under gaming rule. it was held that the revenue was allowed to tax because tax law is not moral
Term
5 things which may make transaction into an adventure in the nature of trade
Definition
1) Subject Matter
2) Time gap
3) repetition
4)commercial process
5)reason for sale
Term
Rutledge v IRC
Definition
taxpayer bought £1000 worth of toilet paper from a bankrupt german company,and then sold it for £12000. the revenue sought to tax that profit.
held that this was taxable profit! because of the large scale of the goods.
Term
IRC v Reinfold
Definition
The taxpayer bought and sold 4 houses in succession, making profit. the revenue seeked to tax this profit.
held: This was not trade because of the nature of land is such that it is easily justifiable.
Term
Wisdom v Chamberlain
Definition
the sterling was deteriorating so in order to prevent the money devaluing the tax payer bought silver and then 2 months later sold it for a profit.
held: the profit was taxable because of the short duration of the transaction.
Term
Taylor v Good
Definition
TP bought a house for £5000 and sold it with planning permission for £54000.
held: not charged.
Term
pickford v Quirke
Definition
cotton mill bought and sold 4 times.
taxable because continuity.
Term
cape brandyv syndicate
Definition
physical process of altering the brandy therefore this was trade.
Term
s. 6
Definition
profit has to be decided for a tax year, accounts for a year is used with the exception of new business 2 years and 7 years for barrister.
Term
s.25
Definition
general accounting party.
Term
Attwood
Definition
Jetty case, Income is taxed but capital is not taxed.
Term
Glenboig Union Fireclay
Definition
tp (g) leasehold rights to extract minerals from underneath railway tracks they won compensation. revenue: this was a capital receipt. G argued payment was for a loss of profit.
held: sum was a capital receipt as the company was being compensated for the right to mine.
Term
Burmah Steam Shipping Corp
Definition
Co. sent ship to overhault, the repairs took 2 weeks had to be made.
held: this was for the loss of profit.
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