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01 March 2013 / Peter Vaines
Issue: 7550 / Categories: Features , Tax , Commercial
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Taxing matters

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Peter Vaines casts his eye over sham loans, the shortcomings of joint bank accounts from an inheritance tax perspective & discovery assessments

The recent case of Murray Group Holdings Limited v HMRC TC 2372 concerned the tax implications of a loan to an employee from an employee benefit trust (EBT). We all know what the implications of loans are now—complete catastrophe—but that was not the case before the introduction of Pt 7A of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003) in April 2011.

Rangers Football Club had an EBT and the trustees made loans to employees and their families. HMRC argued that the full amount of the loans was taxable as earnings in the hands of the employees.

As this case dealt with events prior to April 2011 and you cannot have loans anymore, this may seem to be of rather limited interest. However, it does expose aspects which have a much wider application.

HMRC said that these loans were shams (ie, they were not really loans; they were made

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NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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