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06 November 2013

FTT Decision: Versteegh & Ors v HMRC

CORPORATION TAX – tax avoidance scheme designed to achieve loan relationship debit in borrowing company in a group without a corresponding tax charge in any other group company – loan structured to provide a return in the form of preference shares issued by the borrower, not to the lender but to another group company (the share recipient) Lead case issues: (1) was the lender taxable under FA 1996 (loan relationships)- application of FRS 5 to the accounts of the lender – was the lender taxable under s 786 ICTA – effect of s 80(5) FA 1996; (2) was the share recipient taxable on its receipt of the preference shares under Case VI of Schedule D; and (3) on the limited basis of the question put to the tribunal, did the unallowable purposes rule in FA 1996, Sch 9, para 13 result in the borrower’s debit in respect of the issue of the preference shares under the loan agreement not being taken into account under FA 1996

Kevin Prosser QC & James Henderson, instructed by PWC Legal LLP,  acted for the Appellants.

Julian Ghosh QC & Elizabeth Wilson, instructed by HMRC, for the Respondents..

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