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Interesting how Tower Radio threw in the towel at CoA. I did not know that (but unsurprising given the treatment tax avoidance schemes get in the higher courts). See:
https://www.gov.uk/government/publications/tax-avoidance-litigation-deci...
Interesting in what way?Interesting how Tower Radio threw in the towel at CoA. I did not know that (but unsurprising given the treatment tax avoidance schemes get in the higher courts). See:
https://www.gov.uk/government/publications/tax-avoidance-litigation-deci...
One could be forgiven for thinking you are accusing the higher courts of generally ruling against schemes, regardless of the correct legal position. That's a fairly serious allegation to make if that is what you mean.
I do not normally respond to ridiculous and pointless comments like yours, but that is obviously exactly what I mean! (Only a complete fool would think otherwise.) Any tax barrister will tell you that the majority of judges will bend over backwards to do down a tax avoidance scheme. Those appearing for HMRC say it's like starting a game of tennis where you are serving at 40 love up etc. The statistics in the above link bear that out. Needles to say, HMRC fully appreciate that too, which is why they will always try to appeal all the way to SC if necessary (which, as far as I am aware, has never given the thumbs up to a tax avoidance scheme, although it refused HMRC permission to appeal in Mayes, but it refuses the taxpayer permission to appeal far more often).
This view is endorsed as follows by the eminent authors in the link below:
"Can we really expect such blatant, unattractive devices to succeed in avoiding tax? Not today: when the water flows we must expect tax to be attracted no matter what the detailed rules seem to say: that is the general trend of the cases. But how happy should we be with the idea that something over 25,000 pages of detailed rules can be reduced to whether the court thinks something should be taxed. The rule of law is under threat in this country in so many ways and tax is an unattractive topic to use in its defence. But it would be nice to think that, at some point, we shall again be enamoured of the idea that rules matter. "
https://www.taxjournal.com/articles/rangers-fc-case-payments-remuneratio...