Market leading insight for tax experts
View online issue

Charge on partial surrenders

What goes around comes around? It is unlikely that this observation on the natural order of things will be of any comfort to Mr Lobler.

I read with interest the recent case of Joost Lobler v HMRC (TC02539) [2013] UKFTT 141 (TC). Mr Lobler had invested in some life assurance policies and in due course he made a partial surrender of a number of those policies. The result was a shocking tax charge. The First-tier Tribunal noted that: ‘he made no profit or gain as that term is commonly or commercially understood and yet he becomes liable to pay tax which exhausts his life savings and may bankrupt him. That is an outrageously unfair result’. Regrettably the tribunal ‘with heavy hearts’ were unable to provide him with any relief.

Everybody will sympathise...

If you or your firm subscribes to Taxjournal.com, please click the login box below:

If you do not subscribe but are a registered user, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this article in full.
EDITOR'S PICKstar
Top