And lastly...63. This document contains full findings of fact and reasons for the decision. By virtue of Article 3(i) of the Appeals (Excluded Decisions) Order 2009, no right of appeal arises in respect of this decision.
Some things in Moderation
And lastly...63. This document contains full findings of fact and reasons for the decision. By virtue of Article 3(i) of the Appeals (Excluded Decisions) Order 2009, no right of appeal arises in respect of this decision.
"I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
- Voltaire/Benjamin Franklin/Anne Frank...
Some things in Moderation
This is such a good demolition of a scheme that I'm saving it for future reference and will point anyone asking about such schemes to it.Originally Posted by Ian Richardson GT Leeds
Whether they then read it is their lookout.
"I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
- Voltaire/Benjamin Franklin/Anne Frank...
bored now
Worth quoting 52(2) at the same timeThe comments made at [52(2)] also apply here. In my view, it is reasonable for an informed observer to judge whether the main purpose of the arrangements was to enable the client to obtain a deferral of tax by reference to the nature and timing of the tax charge which it is reasonable to suppose the client would otherwise be subject to absent the arrangements. In this case, it would be reasonable to suppose that, but for the arrangements, the participants would have simply provided their services to the end-clients for remuneration and would have been taxed accordingly.
For the purposes of determining whether there are notifiable proposals or arrangements, the question is not whether the arrangements involve tax avoidance but whether an informed observer (having studied the arrangements) would conclude that the main purpose of the arrangements was to enable a participant to obtain a tax advantage which specifically includes an advantage in the form of the deferral of any payment of income tax. As already set out, in my view, there can be no doubt that such an observer would conclude from the design and effect of the arrangements that their main purpose was to enable the participants to defer paying income tax on the sums received for their work (if not to avoid tax altogether). There is no other discernible commercial reason for the use of the deferral mechanism under the services contract and the loan. Mr Sacco asserted that the arrangements were made for administrative convenience but these elements of them are plainly not needed for that and do not facilitate that.
merely at clientco for the entertainment
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