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22 November 2007
Categories: Tax cases
Astall and another (SpC 628)

The taxpayers entered into a tax avoidance scheme devised by a firm of accountants to shelter over £1 million of taxable income. In brief they became settlors of a life interest trust and lent money to the trust in return for a security issued by one of the trustees a company. The taxpayers had three options:

  • redeem the security;
  • sell the security to a third party and redeem it at 5% of the redemption price on seven days notice; or
  • hold the security for 15 years.

The taxpayers took the second option selling the security to a third party bank for a substantial loss which redeemed the security at 5% of the principal amount. The taxpayers then claimed the difference between the issue price and 6% of the issue price as a loss on a relevant...

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