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Dr AG Flutter v HMRC

In Dr AG Flutter v HMRC [2015] UKFTT 249 (3 June 2015) the FTT found that a payment on termination of employment had not been made because of the employee’s disability. Therefore ITEPA 2003 s 406 was not in play and the payment was subject to tax.
 
Dr Flutter had sold his shares in NCG to PTC; and his employment contract with PTC had subsequently been terminated. The dispute concerned the tax treatment of a payment that Dr Flutter had received on the termination of his employment and the availability of deductions in computing the gain on the sale of his shares as well as a penalty for negligence.
 
It was accepted that Dr Flutter’s hearing loss constituted a liability for ITEPA 2003 s 406 purposes. The issue was whether the amounts were paid ‘on...

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