23 August 2021

R (oao Clamp and anor) v HMRC; (High Court)

In R (oao Clamp and anor) v HMRC, the High Court dismissed a judicial review claim which concerned the extent of HMRC’s powers under to agree a tax treatment in advance with a taxpayer. The taxpayer had repaid loans that had been made to him by an employee benefit trust in anticipation of the introduction of the Loan Charge. After the legislation was amended, he wished to have the loans reinstated and asked HMRC to agree that this would not result in any tax consequences. The Court held that HMRC did not have the power or discretion to do so.

To see the approved decision, click here.

Sadiya Choudhury acted for HMRC.