header-logo header-logo

07 July 2017
Issue: 7753 / Categories: Legal News
printer mail-detail

One-nil to HM Revenue & Customs

​Taxable income includes money paid to employee or a third party, including a trustee

The liquidators of RFC2012, formerly known as Rangers Football Club, have lost their long-running battle with HM Revenue and Customs (HMRC) at the Supreme Court.

Five Justices unanimously dismissed the appeal by the liquidators over a controversial tax avoidance scheme.

The owners of the famous club, once home to Paul Gascoigne (Gazza), Ally McCoist, Graeme Souness and Lee McCulloch, went into liquidation in 2012. Rangers is now owned by a different company.

Under its former owner Sir David Murray’s Murray Group Management, it gave more than 80 employees more than £47m worth of tax-free loans from off-shore trusts known as Employee Benefit Trusts between 2001 and 2010.

The trust fund would be held for the benefit of the beneficiaries of the sub-trust, who were specified members of the employee’s family. The employee could obtain loans from the sub-trust worth more than if they had been paid through the payroll. Although the loans were repayable, they would be continually renewed until the employee died. Then, the loans and accrued interest would be paid out of their estate, thus reducing their inheritance tax liability.

In 2010, HMRC argued the loans should be classed as earnings and issued a demand for income tax and national insurance contributions.

Delivering the lead judgment in RFC2012 Plc (in liquidation) (formerly The Rangers Football Club Plc) v Advocate General for Scotland [2017] UKSC 45, Lord Hodge said: ‘The central issue in this appeal is whether it is necessary that the employee himself or herself should receive, or at least be entitled to receive, the remuneration for his or her work in order for that reward to amount to taxable emoluments.’

He held that taxable income included money paid to the employee or a third party, including a trustee. However, there are exceptions, including: the taxation of perquisites; where the employer uses the money to give a benefit in kind which is not earnings or emoluments; and an arrangement by which the employer’s payment does not give the intended recipient an immediate vested beneficial interest but only a contingent interest.

Issue: 7753 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll