Search our news, events & opinions

On 1 September 2016 Withy King LLP merged with Royds LLP. The trading name for the merged firm is Royds Withy King. All content produced prior to this date will remain in the name of the firms pre-merger.

26 May 2016 0 Comments
Posted in Employment, Opinion

Compensation on TUPE transfer only partly taxable

Author headshot image Posted by , Partner

In Reid v Commissioners for Her Majesty’s Revenue and Customs the First Tier Tribunal has held that only part of a payment made to an employee on a TUPE transfer as compensation for loss of pension, share and other contingent rights was taxable.

It held that the payment was not made to induce the employee to enter into the transfer (which would have rendered it taxable as earnings) because the transfer was the trigger for the payment and not the reason for it. To the extent that it was compensation for loss of pension rights, these would not be taxable as earnings anyway. However the employee was unable to discharge the burden of proving that the other elements of the payment were not taxable. The Tribunal also held that, while TUPE deems employment to continue on the transfer of an undertaking for employment law purposes, the same effect with regard to tax does not take place.

Leave a comment

Thank you for choosing to leave a comment. Please keep in mind that comments are moderated and please do not use a spammy keyword or a domain as your name or it will be deleted.





It pays to employ the right employment solicitor

Learn more


T: 020 7842 1439 (DDI)

Search our news, events & opinions