An endorsement of the Supreme Court approach

Posted by admin at 15:52 on 13 Feb 2017

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UK Supreme Court London

Following on from our blog on “Do we have a judicial anti-avoidance rule?", a recent First Tier Tax Tribunal decision has clearly followed the approach of the Supreme Court in UBS AG and DB Group Services (UK) Limited v HMRC [2016] UKSC 13

The facts of the case itself are of no consequence to those of us with an interest in the share schemes arena.  However, the decision in Clavis Liberty 1 LLP v HMRC [2016] UKFTT 0253 is undoubtedly of interest due to the approach of the tribunal to the construction of legislative provisions. 

In the view of the tribunal, the “authoritative comments” of the Supreme Court in the UBS case were of general application to the construction of tax legislation (and were definitely on point in deciding the case in question).

Clearly the judiciary are “hardening their line” where they perceive tax avoidance to have taken place in the context of statutory interpretation.