We were sad to hear about the death of the Duke of Westminster today. It brings to mind his predecessor and the famous tax case regarding the legality of legitimate tax planning. Baron Tomlin, in the UK House of Lords case of the Inland Revenue Commissioners v Duke of Westminster in 1936 said: –
“Every man is entitled if he can to order his affairs so as that the tax attaching under the appropriate Acts is less than it otherwise would be. If he succeeds in ordering them so as to secure this result, then, however unappreciative the Commissioners of Inland Revenue or his fellow taxpayers may be of his ingenuity, he cannot be compelled to pay an increased tax.”
It is a fascinating backdrop against HMRC’s continuing attacks on the tax planners.
Please feel free to contact us if you have any issues with HMRC over the legitimacy of tax planning.