Shah v Insafe International Ltd and another

Income tax – Emoluments. The Chancery Division, applying settled law, held that payments into employment benefit trusts (the EBTs) established by the first defendant employer, which represented earnings or emoluments of an employee, were liable to income tax and national insurance contributions. The obligation was on the claimant employee to pay income tax and National Insurance Contributions on his earnings and on the first defendant company, as employer to deduct it. Following a decision to wind up the EBTs, the first defendant, as trustee, could and had to, in accordance with a clause in the EBTs, deduct, from the trust fund, sums paid to the Revenue and Customs Commissioners (the Revenue), under an EBT settlement agreement and the claimant beneficiary was entitled to receive a sum net of those payments and net of his share of professional fees, which were also to be deducted from the trust fund prior to distribution.

Category: