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Judge Richards of the Upper Tribunal has consented to HMRC’s withdrawal of the appeal against the decision of the First-tier Tribunal in the Marina Silver top slicing relief case (TC7103). The judge also confirmed that the department will pay Mrs Silver’s reasonable costs.
The taxpayer’s representative had asked that HMRC’s appeal be dismissed rather than withdrawn. This was because they were concerned that HMRC would be able to resist other claims on the grounds that the First-tier Tribunal decision is not binding.
The judge refused that so there may yet be a battle to be fought. But, in the meantime, HMRC has no grounds on which to reject claims brought on the basis of the analysis set out in ‘It’s all gone Pete Tong’ by Tim Good, Taxation, 28 September 2017).
