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Silver wins gold
Key points
- Taxpayer’s appeal against HMRC’s top slicing calculation is allowed.
- The chargeable event gain is taken into account in calculating the entitlement to personal allowances in ITA 2007 s 35.
- The tribunal’s view was that HMRC’s approach was not in accordance with parliament’s intention.
- If tax has been overpaid in previous years consider a repayment claim and refer to ESC B41.
- The decision could affect many taxpayers.
- HMRC is expected to appeal the decision.
On 18 April 2019 judgment was delivered in the First-tier Tribunal case Marina Silver (TC7103 at tinyurl.com/y5apz6ju). Judge Barbara Mosedale (sitting with member Helen Myerscough) allowed the taxpayer’s appeal against HMRC’s calculation of top slicing relief on a chargeable event gain.
The facts are simple enough. In May 2015 Mrs Silver surrendered a life insurance bond and the insurance company issued a chargeable event certificate showing a gain of £110 721.93. The bond term was 21 years...
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