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The Upper Tribunal’s decision in Julian Martin, concerning an employment loss
KEY POINTS
- Part of a signing bonus had to be repaid by the employee if he left his employment within a certain period.
- HMRC appealed against the First-tier Tribunal’s decision that the amount repaid gave rise to an employment loss that could be relieved under ITA 2007 s 128.
- The Upper Tribunal considered whether the payment by the employee to his employer arose directly out of the employment or was a payment to abrogate the contract.
- The National Insurance position will reflect the income tax decision.
The taxpayer Julian Martin’s negative employment income was the subject of a First-tier Tribunal hearing (TC2460) which I covered in an article “Working for nothing?”. He won the case and HMRC appealed to the Upper Tribunal.
The taxpayer was again represented by Philip Ridgway of...
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