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Unrealistic appeal

13 February 2015
Issue: 4489 / Categories: Tax cases , Admin , Employees , Income Tax , Investments , Pensions

M Allan v CRC, Upper Tribunal (Tax and Chancery Chamber)

The taxpayer’s employer established an unapproved pension scheme in April 2002. The firm made a contribution to the scheme two years later  in respect of the taxpayer and another member comprising treasury stock valued at £349 317.

The taxpayer did not include the amount in his self assessment return on the basis it was a transfer of non-cash assets and was not a sum paid within ITEPA 2003 s 386.

HMRC said the sum was taxable employment income and raised a discovery assessment to collect the tax. The department was supported by the Court of Appeal decision in Irving v CRC [2008] STC 597 which ruled that a contribution of non-cash to a pension scheme should be treated no differently than a cash payment.

The taxpayer’s appeal to the First-tier Tribunal was dismissed – under the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 rule...

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