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Meaning of profit in ITEPA 2003, s 62(2)

05 July 2021
Issue: 4799 / Categories: Tax cases
K Murphy v CRC, Upper Tribunal (Tax and Chancery Chamber), 29 June 2021

After bringing a group litigation action against their employer for alleged unpaid overtime and other allowances the taxpayer and his colleagues were paid a global settlement sum under a settlement agreement. This included compensation legal expenses and insurance. The employer made no admission of liability to pay overtime or other allowances.

The taxpayer did not include his share of the settlement in his self-assessment tax return. After an enquiry HMRC raised discovery assessments on his share of the settlement without deducting a share of the success fee or insurance premium.

The First-tier Tribunal agreed with HMRC that the taxpayer was liable to income tax on all the amounts received under the settlement agreement under ITEPA 2003 s 62(2). The taxpayer appealed.

The Upper Tribunal said the issue concerned the meaning of ‘profit’ in s 62(2)(b) In particular whether it is derived from employment and whether...

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