29 March 2023

Dalriada & Ors v HMRC

The FTT has released its decision in this case concerning the tax consequences of the Ark Pensions Reciprocation Plan, which has previously been the subject of High Court litigation in Dalriada v Faulds [2011] EWHC 3391 (Ch). In determining that unauthorised payments had occurred, the Tribunal concluded that certain payments were made “in respect of” members. The Tribunal also rejected applications for discharge of the scheme administrator’s liability.

Laura Poots and Ronan Magee acted for HMRC, together with Sam Chandler of 5 Stone Buildings.

To view a copy of the decision please click here