IRD -v- His Majesty's Revenue & Customs (TC): [2025] UKUT 061 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 13 February 2025
Read the full decision in .
Judicial Summary
This decision is mainly about the proper interpretation of, and proper approach to, the conditions to entitlement for working tax credit under the Tax Credits Act 2002 (the 鈥�2002 Act鈥�) and the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 (the 鈥�2002 Regulations鈥�).
The Appellant claimed working tax credit on the basis that he was over 60 and worked over 16 hours a week in his business trading financial futures as principal. He argued he was 鈥渟elf-employed鈥� for the purposes of Regulations 2(1) and 4(1) of the 2002 Regulations and was engaged in 鈥渜ualifying remunerative work鈥� for the purposes of Section 10 of the 2002 Act.
The Upper Tribunal considers what it means for an activity to be carried out 鈥渙n a commercial basis鈥� and 鈥渨ith a view to the realisation of profits鈥�.
It decides that, while the requirement for an activity to be carried on 鈥渨ith a view to the realisation of profits鈥� does not require it to be profitable, or for there to be anything like certainty as to its future profits, there must be more than a mere intention or hope that it will become profitable. It requires a realistic expectation of profit in the foreseeable future, and a credible plan of how to achieve it.
The Upper Tribunal also explains that the Appellant鈥檚 trading of financial futures solely as principal can鈥檛 satisfy the fourth condition in regulation 4 of the 2002 Regulations because none of the payments that he receives (or may expect to receive) is payment for the work he does. Both appeals dismissed.