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CRC v Anson, Court of Appeal
The taxpayer was resident but not domiciled in the UK and was a member of Delaware limited liability company HV.
The arrangement was treated as tax-transparent in the USA: members paid tax on their share of the profits and the company paid no tax. The taxpayer remitted the income to the UK.
HMRC decided the taxpayer was liable to UK tax on his share of the profits from HV saying it was income from investment in the company.
The taxpayer appealed.
The First-tier Tribunal allowed the appeal saying double taxation relief should be applied to the income but the Upper Tribunal overturned the decision. It ruled that the profits taxed in the UK were not the same as those taxed in the USA.
The Court of Appeal claimed the “relevant test for determining whether a person was taxed on the same profits or income in both...
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