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Upper Tribunal decision on HMRC’s appeal in CRC v Marlborough DP Ltd

Under the disguise

Key points

  • The Upper Tribunal decision represents a key victory for HMRC in its litigation against disguised remuneration structures.
  • The judges held that the loans from the remuneration trust to Dr Thomas were caught by ITEPA 2003 Part 7A and thus should be treated as earnings although dismissed HMRC’s appeal that they were general earnings under ITEPA 2003 s 62.
  • The tribunal also held that a corporation tax deduction would not be available for the amounts settled into the trust as the expenditure was found not to be incurred for the purposes of the company’s trade.
  • The decision further develops the evolving landscape regarding the settlement of disguised remuneration structures.

The Upper Tribunal (UT) decision in HMRC’s appeal in CRC v Marlborough DP Ltd [2024] UKUT 98 (TCC) represents a key victory for HMRC. The outcome of this case also demonstrates the continually evolving landscape...

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