UT (Tax & Chancery) UT/2023/000096 - [2024] UKUT 00203 (TCC)

UT (Tax & Chancery) Case Number: UT/2023/000096

INCOME TAX – discovery assessments – Appellants had claimed losses on tax returns in relation to transactions which had been marketed as tax avoidance – agreed scheme did not achieve intended tax benefits – FTT held inaccuracies in tax returns were deliberate – Appellants appealed – held – no procedural error in review of decision by FTT, and FTT was entitled to make the amendments made to the decision – whilst FTT had purported to apply the correct subjective test when assessing whether conduct was deliberate, reasoning included an objective approach – appeal allowed and remitted to FTT

Hearing venue: The Rolls Building

London

EC4A 1NL

Further written submissions: 3, 10 and 13 May 2024

Judgment date: 12 July 2024

Before

JUDGE JEANETTE ZAMAN

JUDGE ASHLEY GREENBANK

Between

ANTHONY OUTRAM

ROSS OUTRAM

Appellants

and

THE COMMISSIONERS FOR HIS MAJESTY’S

REVENUE AND CUSTOMS

Respondents

Representation:

For the Appellants: Jeremy Woolf, Counsel, instructed by Barnes Roffe LLP

For the Respondents: Sadiya Choudhury KC, Counsel, instructed by the General Counsel and Solicitor for His Majesty’s Revenue and Customs

DECISION