| 22/8/2008 |
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| Court of Appeal - Decisions in Income Tax Cases |
| Case No: 69 |
Decided on 12 July, 1976 |
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Expenses Incurred In The Administration Of An Extensive Estate
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This case concerned the expenses incurred in the administration of a very large undivided estate. Estate administration required a fully equipped office, with full-time workers. The entire expense was claimed as a deduction against the rental income. The Revenue held that the relative rental income brought to charge to tax arose irrespective of the administration expenses, but an allowance of 4% was granted for administration fees.
The Board of Special Commissioners made an analysis of the expenses claimed, and allowed the bulk on the grounds that, given the circumstances of the case, it was not reasonable to expect that income would be produced by the estate in the way it should without the relevant expenditure.
The Court agreed, but it re-affirmed the decisions in cases no 31 and 51 regarding links between income and expenditure. A review was made of the meaning of the phrase 'in the production of the income' as against 'for the production of the income'. The law of Malta in this regards was similar to that of South Africa and different from that of the U.K. which used the latter formula. In any case, the expenditure was held to be allowableas there was a sufficiently distinct and direct relationship or link between the expenditure incurred and the actual process of earning the income within the terms of previous Court pronouncements.
BSC Case No: 32/65
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