It’s best to share

The taxpayer appealed against an income tax assessment for the tax year ended 5 April 2002.

The assessment in question concerned his receipt of company shares which HMRC believed to be emolument and therefore liable for income tax as well as PAYE deductions.

An in-depth history of earlier proceedings as well as the relationship between the taxpayer and his employer was presented to the tribunal.

Within this the judge heard that the company from which the shares originated was part founded by the appellant and over the years a friendship grew between the appellant and the owner. In 2001 the owner died leaving shares to the appellant.

The issue was whether or not the appellant had received an emolument from his employment. The tribunal were referred to

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