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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
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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