''Re Vandervell Trustees Ltd ''
971
Year 971 ( CMLXXI) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* Battle of Dorostolon: A Byzantine expeditionary army (possibly 30–40,000 men) ...
AC 912 is a
UK tax law case, concerning the ability of the Revenue to amend tax assessments.
This case was the second in a series of decisions involving
Tony Vandervell
Guy Anthony "Tony" Vandervell (8 September 1898 – 10 March 1967) was a British industrialist, motor racing financier, and founder of the Vanwall Formula One racing team.
Motorsport
Vandervell was the son of Charles Vandervell, founder of CAV, l ...
's trusts and his tax liability. The first was ''
Vandervell v Inland Revenue Commissioners
''Vandervell v Inland Revenue Commissioners'' 9672 AC 291 is a leading English trusts law case, concerning resulting trusts. It demonstrates that the mere intention to not have a resulting trust (for example, to avoid taxes) does not make it so.
...
'', which concerned whether an oral instruction to transfer an equitable interest in shares complied with the writing requirement under
Law of Property Act 1925
The Law of Property Act 1925c 20 is a statute of the United Kingdom Parliament. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The programme was intended to moderni ...
, section 53(1)(c), and so whether receipt of dividends was subject to tax.
The third was ''
Re Vandervell Trustees Ltd (No 2)'',
974
Year 974 ( CMLXXIV) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* Battle of Danevirke: Emperor Otto II defeats the rebel forces of King Harald I, who has ...
Ch 269 which concerned whether Vandervell could be taxed because he could have an equitable interest through a resulting trust if he had exercised an option right.
Facts
Lord Diplock also summarised the facts as follows.
Judgment
The House of Lords held the court had no jurisdiction under R.S.C., Order 15, regulation 6(2), to order that the Inland Revenue Commissioners would be added as a party to the proceedings, so that it could be determined if dividends belonged to the executors (which would mattered for tax liability) and the decision would be binding on the commissioners.
See also
*
UK tax law
*
English trusts law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the ...
Notes
{{reflist, 2
References
*
English trusts case law
1971 in United Kingdom case law
House of Lords cases