Decision Number: | TC 08242 |
Appellant: | Smallman & Sons Ltd, Lisa Garrety & Brian Garrity |
Respondent: | The Commissioners for Her Majesty's Revenue & Customs |
Chairmen / Special Commissioners: |
Kevin POOLE |
Date Of Decision: | 24/08/2021 |
Main Category: | PROCEDURE |
Main Subcategory: | Other |
Notes: | Benefit in kind - cars acquired by employer on lease purchase and made available to employees - full costs recharged to the directors - whether class 1A NICs and income tax under Chapter 6 Part 3 ITEPA 2003 due - whether a -benefit- arose up to 2015-16 - Apollo Fuels considered - whether arrangements constituted employer as agent such that cars not -made available- by it - limitation of charge when property in cars transferred to directors on exercise of purchase option - whether any omission from income tax returns and inaccuracy in Class 1A returns brought about by carelessness - appeal allowed in part in principle |