High Court rejects judicial review challenge of HMRC’s use of ITEPA 2003, s684(7A)

The ‘loan charge’ continues to be a controversial topic. The retrospective charge announced in 2016 to counteract what HMRC term ‘disguised remuneration’ schemes has been the subject of intense debate and lobbying. Despite already holding one ‘independent’ review the government has commissioned a second review currently being conducted by long time HMRC senior officer and CIOT past president Ray McCann. Affected parties are already suggesting that the outcome of the second review will not be enough to satiate them restricted as it is to reviewing settlement terms.

But even for those removed from the ‘loan charge’ as a result of Sir Amyas Morse’s report controversy has not abated.

I have previously written (in May 2022) about the Court of Appeal decision in Hoey and others v CRC [2022] STC 902. Mr Hoey was a contractor who had received loans from ‘disguised remuneration’...