Interesting Ramsay case

EY DoTAS scheme backfired badly

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CoA gives stinging criticism in para 81 of EY's poorly designed tax scheme. Ouch.

BCM Cayman LP & Anor v The Commissioners for HMRC - Find case law (nationalarchives.gov.uk)

https://caselaw.nationalarchives.gov.uk/ewca/civ/2023/1179

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By Justin Bryant
17th Oct 2023 11:04

In fact, this is not really a proper Ramsay case, as it’s basically similar to Rangers and PA Holdings in applying an already clear and wide charging provision to the substance of arrangements rather than their form (and there does not need to be a wide (or narrow as the case may be) purposive Ramsay interpretation of such legislation to do so and there was no need to resort to or even mention Ramsay etc. in those other cases in order to do down the planning).

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By Justin Bryant
18th Oct 2023 12:53

https://www.taxjournal.com/articles/bcm-cayman-lp-another-v-hmrc-17oct

A purposive or Ramsay interpretation is only needed when the legislation is otherwise (arguably) unclear (and you need to consider the context etc. to determine if the legislation applies to the facts - which are always found realistically regardless), like in para 34 here: https://caselaw.nationalarchives.gov.uk/ewca/civ/2023/1193

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