Jeremy De Souza

Correspondence

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Correspondence from readers on topical subjects.

Arctic roles

Fitting Prelude

JEREMY DE SOUZA says that the Special Commissioners' decision in Campbell is a fitting prelude to the Barclays Mercantile Business Finance case soon to be heard in the House of Lords.

JEREMY DE SOUZA reports two recent decisions on landfill tax and the climate change levy .

LANDFILL TAX WAS introduced in 1996, but disputes rarely come before the tribunals, and before the courts very infrequently. Commissioners of Customs and Excise v Parkwood Landfill Ltd [2002] STC 1536 is the first to reach the Court of Appeal.

JEREMY DE SOUZA, consultant to White & Bowker, reflects on the Court of Appeal's decision in Jerome v Kelly.

A TAXPAYER CONTRACTED to sell farmland. but before completion transferred interest in it to an offshore trust. It was held that the entire capital gains tax disposal under the contract was made by the taxpayer and there was no disposal bt the trustees

JEREMY DE SOUZA, consultant to White & Bowker, considers how a recent Special Commissioners' decision affects deeds of variation.

Loans from offshore trusts

In Cooper v Billingham [2001] STC 1177 it was held that, where non-resident trustees made interest-free loans repayable on demand to a beneficiary, this was the provision of a benefit from the trust within section 97(4), Taxation of Chargeable Gains Act 1992. Accordingly the value of the benefit was a capital payment for the purposes of the capital gains provisions relating to offshore trusts.

JEREMY de SOUZA, consultant to White and Bowker comments on a recent High Court decision concerning inheritance tax and gifts with reservation.

Curious interpretation

JEREMY DE SOUZA, consultant to White & Bowker in Winchester, warns of some difficult aspects with certain stamp duty avoidance schemes.