header-logo header-logo

06 November 2014 / Spencer Keen
Issue: 7629 / Categories: Features , Tax , Employment
printer mail-detail

Taxing times

keen_0

Spencer Keen outlines some valuable guidance about the tax treatment of termination payments

Mr Moorthy received a payment of £200,000 in a compromise agreement after he was made redundant from his employment as executive director of operations with Jacobs Engineering UK Ltd (Jacobs) on 12 March 2010. He claimed that the £200,000 was not taxable because it had been paid to settle a discrimination claim.

HM Revenue & Customs did not accept that the entire settlement was tax free. HMRC argued that, with the exception of £60,000, the whole sum was taxable as a termination payment under s 401 of the Income Tax (Earnings and Pensions Act) 2003 (ITEPA 2003). HMRC accepted that £60,000 was exempt from tax because, according to them, £30,000 was specifically exempted as a result of s 403 of ITEPA 2003 and another £30,000 was exempted because it represented compensation for injury to feelings. As a result, on 13 August 2013 HMRC issued a closure notice indicating that Moorthy’s self-assessment had been amended to include £140,023 of taxable income. Moorthy

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll