Howarth v HMRC [2019] WTLR 869

Wills & Trusts Law Reports | Autumn 2019 #176

The Appellant was the settlor of a family trust based in Jersey which, following the merger of two companies, held shares in TeleWork Group plc. Ordinarily a capital gains tax charge would arise on the disposal of the shares but, on the basis of legal advice, it was suggested that this could be avoided if new trustees were appointed before the disposal in a jurisdiction which had no capital gains tax and a double taxation treaty with the UK. In June 2000 the Jersey trustees retired in favour of new trustees resident in Mauritius, in August 2000 the shares were sold in the course of a flo...

Ben Nevis (Holdings) Ltd & anr v HMRC [2013] EWCA Civ 578

Wills & Trusts Law Reports | January/February 2014 #136

David King, a South African businessman, is the owner of Ben Nevis, a company incorporated in the British Virgin Islands. Following various hearings and appeals, Ben Nevis was found liable to the Commissioner for the South Africa Revenue Service (SARS) for taxes of Rand 2.6bn (approximately £222m) for the 1998, 1999 and 2000 tax years. In March 2011 judgment was entered against Ben Nevis in South Africa for this sum.

SARS alleged that Mr King transferred Ben Nevis’ assets to Metlinka Trading Ltd when he learned of the tax investigations and £7.8m was credited to a London ba...