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GAAR panel’s opinion on employee reward scheme

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15 August 2017 / Andrew Hubbard

Issue: 4612 / Categories: Comment & Analysis

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KEY POINTS

The GAAR panel has an advisory role and HMRC is not obliged to follow its opinions.
The scheme concerned tripartite arrangements to move assets and liabilities between the employer employee and EBT.
The panel concluded the arrangements were not a reasonable course of action.
The opinion will allow HMRC to issue accelerated payment notices.

The background to this dates to 2011 when the government commissioned Graham Aaronson to produce a report on whether the UK should introduce a general anti-avoidance rule. He rejected the case for a wide-ranging anti-avoidance rule as such but recommended the introduction of a more narrowly based anti-abuse rule.

This was accepted and after much discussion the GAAR was...

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