I saw this dodgy settlements scheme (similar to Aikido*) being promoted around 10 years ago and knew then it wouldn't last 5 minutes in a tax tribunal (for exactly the reasons stated) and I was right of course.
http://financeandtax.decisions.tribunals.gov.uk//judgmentfiles/j11713/TC...
https://www.bailii.org/uk/cases/UKFTT/TC/2020/TC07755.html (re-stated)
That said, perhaps they were lucky not to have it struck out as happened in this previous dodgy scheme of theirs: https://www.bailii.org/uk/cases/UKUT/TCC/2018/396.pdf
Perhaps the taxpayers can sue their advisors for recommending such a rubbish scheme in the 1st place.
* another dumb piece of tax planning that will inevitably fail at tribunal - see para 21 here: https://www.bailii.org/ew/cases/EWHC/Ch/2019/2855.html and https://www.bailii.org/uk/cases/UKFTT/TC/2018/TC06464.html , https://www.bailii.org/uk/cases/UKFTT/TC/2018/TC06465.html
Replies (6)
Please login or register to join the discussion.
All I can say, based on recent events on here, is this is what is bound to happen when one lets qualified individuals deal with tax matters-us really unqualified contributors on here ought to be up in arms, MDTP is frankly shocked, he would never countenance anything so creative which goes far beyond employing one's twelve year old son in the business.
This thread instigated by John Stokdyk
https://www.accountingweb.co.uk/any-answers/time-to-talk-about-unqualifi...
Spin of thread from Steve
https://www.accountingweb.co.uk/any-answers/whos-next
Basically that scene in Trainspotting where Begbie lobs his beer glass from the upper balcony in the pub, it hits a girl, then he storms down to sort the situation he created. (warning- language is a bit North Edinburgh)
Yep, I loved it when it first came out(spot the shot) though some is filmed in Glasgow.
Guess which Edinburgh accountancy firm initially acted for the author-clue, a small Leith practice which is now no more, both partners are unfortunately now deceased.
Irvine was a real gent and very kindly signed copies of his books for me, he is a Leither but brought up in Muirhouse and a diehard Hibee which may have influenced his choice of firm as one of our partners had played for Hibs.