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Recalculating gains on partial surrenders of life insurance products

17 October 2018 / Robin Williamson
Issue: 4668 / Categories: Comment & Analysis
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An outrageously unfair result

Key points

  • Joost Lobler incurred a massive tax bill on partial surrenders on life insurance products through making the wrong choice.
  • The Upper Tribunal allowed his appeal on grounds of rectification.
  • Rather than change the wording of ITTOIA 2005 s 507 a new provision was inserted.
  • Taxpayers have to write to HMRC asking for a recalculation.

There is no equity about a tax. This hard-edged sentiment from the judgment of Rowlatt J in Cape Brandy Syndicate v...

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