HMRC wins big in “tax on gifts” case
Bernie Ecclestone’s lawyer faces a massive tax bill following the First-tier Tribunal’s (FTT’s) ruling that sums he received as gifts were income. What made the FTT decide the payments were taxable?

Over a period of 14 years Bernie Ecclestone’s former wife, Slavica, made payments totalling around £37 million to Stephen Mullens, Ecclestone’s lawyer. He claimed these gifts resulted from their "personal relationship of friendship and affection" and that they were wholly outside and distinct from any business relationship. Despite hearing evidence of Mrs Ecclestone’s generosity and a document purporting to be a deed of gift relating to a payment in 2006, the FTT considered all the payments, apart from one, were actually a reward for professional services provided by Mullens.
It is possible for a payment to be a gift, and so not taxable as income, even where a business relationship exists between the payer and the recipient, but the burden of proof is high. Mullen’s case was hindered because neither Bernie Ecclestone nor his former wife gave evidence. The FTT judges said they had no hesitation in deciding that Mullens had acted fraudulently in not declaring the payments and then representing them as gifts.
The FTT also ruled that because of Mullen’s deliberate action to hide the payments HMRC was entitled to make back-assessments under the rules of discovery. These give HMRC more time (up to 20 years) in cases of tax lost because of fraud compared with that lost from carelessness.
Related Topics
-
Capital gains tax break for job-related accommodation
You’re in the process of selling a property that you bought as your home but because of your job have never lived in. You’ve been told that you’ll have to pay tax on any gain you make, but might a special relief get you off the hook?
-
Should you revoke your 20-year-old option?
Your business has let out a building to a tenant and it is now just over 20 years since you opted to tax the property with HMRC. Should you revoke it so that your tenant no longer needs to pay VAT?
-
Chip shop owner fined £40k for hiring illegal worker
A Surrey fish and chip shop owner has been left in shock after being fined £40,000 for allegedly employing someone who didn’t have the right to work in the UK, even though he conducted a right to work check. Where did this employer go wrong and what can you learn from it?