Revenue & Customs v Opus Bestpay Ltd (DOTAS - Application for order that certain arrangements are notifiable) [2020] UKFTT 408 (TC) (18 August 2020)
Para 62 is a one line summary of the decision which is that the arrangements described in para 3 are notifiable with the terms of section 306.
In other words, the arrangements should have been disclosed and as such would meet that condition for issuing an APN. There are other terms and conditions required to be met before an APN can be issued.
Quite what those arrangements were, what they were called and how widely or narrowly HMRC may interpret the decision in relation to arrangements that were in the market, we will have to wait and see.
The decision was dated 18th August.
I cannot see that an appeal has been made or if made has been listed here:
Upper Tribunal (Tax and Chancery) hearings and register 2014 to date - GOV.UK
If APNs are issued as a result of this decision (and bear in mind that HMRC won a similar decision on Hyrax some months ago and have still not apparently issued demands) bear in mind that no appeal can be made but representations can and that HMRC has to abide by a set of Court made rules in dealing with those.
The interpretation of the role of the entities mentioned in the judgement I offer no analysis upon. I suggest that you read the decision very carefully and ensure that you understand the part played by each before leaping to conclusions.
Para 62 is a one line summary of the decision which is that the arrangements described in para 3 are notifiable with the terms of section 306.
In other words, the arrangements should have been disclosed and as such would meet that condition for issuing an APN. There are other terms and conditions required to be met before an APN can be issued.
Quite what those arrangements were, what they were called and how widely or narrowly HMRC may interpret the decision in relation to arrangements that were in the market, we will have to wait and see.
The decision was dated 18th August.
I cannot see that an appeal has been made or if made has been listed here:
Upper Tribunal (Tax and Chancery) hearings and register 2014 to date - GOV.UK
If APNs are issued as a result of this decision (and bear in mind that HMRC won a similar decision on Hyrax some months ago and have still not apparently issued demands) bear in mind that no appeal can be made but representations can and that HMRC has to abide by a set of Court made rules in dealing with those.
The interpretation of the role of the entities mentioned in the judgement I offer no analysis upon. I suggest that you read the decision very carefully and ensure that you understand the part played by each before leaping to conclusions.
Comment