Krishna Moorthy v The Commissioners for HM Revenue and Customs: [2016] UKUT 0013 TCC

Upper Tribunal Tax and Chancery decision of Mrs Justice Rose and Judge Sinfield on 14 January 2016.

Read the full decision in Krishna Moorthy v The Commissioners for HM Revenue and Customs: [2016] UKUT 0013 TCC.

INCOME TAX - termination of employment – payment of £200,000 made under compromise agreement signed after termination - whether payment within Chapter 3 of Part 6 of ITEPA 2003 and chargeable to income tax - whether payment received in connection with termination of employment within section 401 ITEPA - yes - whether damages for injury to feelings payment on account of injury to employee within section 406 ITEPA - no - whether Appellant can rely on ‘concession’ by HMRC to reduce amount chargeable to income tax - no - appeal dismissed. Walker v Adams, Oti-Obihara v HMRC, Orthet Ltd v Vince-Cain and Timothy James Consulting Ltd v Wilton considered.

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