HMRC wins landmark bank bonus case

iStock_000018776393_Large.jpg

iStock_Linda Steward_ Supreme court
Practice correspondent
Sift Media
Share this content
6

HMRC has managed to shut down a major tax avoidance scheme used by the banks UBS and Deutsche Bank after the Supreme Court ruled in its favour.

UBS and Deutsche paid bonuses to around ten employees in the form of shares in specially created offshore companies, rather than cash.

The banks created a class of shares in the Jersey and Cayman Islands’ companies subject to a number of restrictions. The banks argued that the initial award of shares and their subsequent redemption would be exempt from PAYE and NICs.

To receive their bonus, the staff only had to avoid being dismissed or not resign within six weeks of receiving their bonus shares.

The scheme’s cost to the taxpayer was £135m, according to HMRC.

“For employees who were UK-domiciled, the scheme was structured so as to enable redemption to take place after the shares had been held by them for two years, by when (with the benefit of business taper relief) the rate of CGT chargeable would be only 10%, unless the employee had meanwhile left the bank’s employment,” explained a 2012 article on AccountingWEB.

In his judgement of the UBS case, Lord Reed disregarded UBS’s restrictions, stating that they were “completely arbitrary” and “had no business or commercial rationale”. The court also ruled that the economic effect of the restrictive condition was nullified by the hedging arrangements, except to an insignificant and pre-determined extent.

The two cases have wound a complex path through the courts since 2012. HMRC won the first tier tribunal decision, before losing (and subsequently appealing) the upper tribunal case.

 “This is the latest in a series of successful HMRC challenges to such schemes marketed at wealthy individuals to get out of paying tax,” said Jennie Granger, HMRC’s director general for enforcement and compliance in a statement. “We will continue to challenge artificial arrangements such as these in the interests of the vast majority of businesses and people who choose to play by the rules.”

UBS has already repaid £50m in taxes, mostly from the pockets of the employees who benefitted from the scheme.

In a statement, HMRC said the landmark decision will now enable it to pursue a further £30 million in tax from 27 other users of similar schemes.

In an embarrassing twist, the current business secretary Sajid Javid was a managing director at Deutsche Bank when the bonus scheme was in operation.

Replies

Please login or register to join the discussion.

avatar
10th Mar 2016 13:44

Embarrassing twist?

Surely Sajid Javid's current role isn't an embarrassing twist at all but an example of how the government works with big business these days.

Thanks (1)

.

@the_Poacher, I think you didn't mean "works with" I think you meant, "is nakedly influenced by"

Thanks (2)
avatar
11th Mar 2016 11:39

bash the bankers
I thought we were out of season for this?

Thanks (0)
By chatman
11th Mar 2016 12:26

Fairness Season?

listerramjet wrote:
I thought we were out of season for this?

Why?

Thanks (0)
avatar
By keithas
11th Mar 2016 12:33

I thought we were out of season for this?

We should be, because closed season is often during times of reproductive activity and the banks still seem determined to screw us.

Thanks (1)
avatar
11th Mar 2016 12:47

Revolving Doors

As I have said before, there is a revolving door between the Government and Business.

Through the revolving doors ... come the revolving whores!

Just to further point this out, the ICAEW recently appointed 2 non Accountants to their board - a banker and a PR person.

Thanks (2)