Miscellaneous 2004

Ways and Means: The Impact of Political Philosophy on the Calculation of Taxable Profits in the UK

Source: Australian Tax Forum Journal Article

Published Date: 1 Jan 2004

 
Over the course of the twentieth century, from the Earl of Derby's case in 1915 to law firm Herbert Smith's in 1999, the UK saw a gradual but steady shift in the acceptability of accounting treatment in the determination of taxable profits, with the attitude of the courts moving from an active and palpable distrust of commercial accounting practice almost to full acceptance.

Even the Inland Revenue seems ready to accept that accounting practice can give a 'true and fair view' of taxable profit; in August 2002 they issued a consultative document suggesting the full adoption of accounting principles, even to the extent of depreciation.

This article charts this process, by examination of the leading cases and legislative provisions, but also looks for a reason behind the change. The changing method of calculating taxable profit has been paralleled, and arguably driven, by a changing public attitude to the very purpose of taxation.

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