Spring 2005 Newsletter


Content

Home Sweet Pension

Anything To Declare?

Death And Taxes

His And Hers

Oh, Gross!

We Didn't Mean It

Agassi Wins

Time To Go

It Could Be Worse...

Trivial Pursuit

Re: Mortgages

A Marriage Made In...

Time's Money

Show Business

Scam Of The Decade?

Gift Aid

Vat's Hot!

Wait For It

A Good Buy?

Know Your Articles

Rights And Wrongs

Agassi Wins


Tax is always more interesting when it involves famous people - the fascination of 'I'm a celebrity, get me out of this tax bill'. Andre Agassi has recently won an appeal about his UK tax bill. The rules are pretty obscure unless you are a foreign-resident entertainer or sportsperson, in which case they are very important to you - when you appear in the UK, you are supposed to pay tax on what you earn here, even though you are based abroad.

Agassi dutifully pays tax on what he gets paid for playing at Wimbledon - but then the Revenue said that he was paid by Head for using their rackets and Nike for wearing their kit, and he did both of those things at Wimbledon, so some of the sponsorship money was for UK appearances. The High Court thought that this was an ace, but the Court of Appeal called 'out' - Head and Nike were foreign companies, and they paid the money abroad to a foreign company that was owned by Agassi, a foreign individual, and the UK Revenue couldn't touch it.

Unfortunately, there are a few UK residents who think that they can get the same benefit by setting up foreign companies and routing income through them. It usually doesn't work - or it only works until the Revenue find out, and then they call it tax evasion. If you are interested in what can and can't be achieved with a foreign company, we will be pleased to advise you.

The case is Agassi v Robinson [2004] EWCA Civ 1518. The point at issue was the very technical interaction between s.555 and s.556 ICTA 1988, which provide a charging mechanism and a collection mechanism for the earnings of foreign entertainers. The Court decided that it should be assumed that the law would only apply within the UK unless it explicitly stated otherwise, so it would not apply to payments between foreign companies.


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