UT/2021/000192 - [2024] UKUT 00242 (TCC)

Case Number: UT/2021/000192

Rolls Building, London

JUDICIAL REVIEW – challenge to HMRC’s refusal to exercise s684(7A) ITEPA discretion to remove obligation on employer to account for PAYE in respect of employee’s tax liability on earnings in the form of gilts – HMRC subsequently withdrew defence and sought consent to withdraw from proceedings on basis that a new HMRC officer would make new decision on exercise of discretion – whether HMRC correct to say original action rendered academic – no – whether tribunal should make mandatory, declaratory and quashing orders sought by claimant – no (apart from declaratory relief in respect of misdirections of law that were made out and mandatory order to make a new decision)

Judgment date: 21 August 2024

Before

UPPER TRIBUNAL JUDGE SWAMI RAGHAVAN

UPPER TRIBUNAL JUDGE JEANETTE ZAMAN

Between

THE KING (on the application of) UBS AG

Claimant

and

THE COMMISSIONERS FOR HIS MAJESTY’S REVENUE AND CUSTOMS

Defendants

and

JONATHAN WOOD

Interested Party

Representation:

For the Claimant: Sam Grodzinski KC, Marika Lemos, Counsel, instructed by Simmons & Simmons LLP

For the Defendants: Aparna Nathan KC, Joshua Carey, Sam Way, Counsel, instructed by the General Counsel and Solicitor to His Majesty’s Revenue and Customs

DECISION