Key Facts
- •HMRC applied for an order under section 314A (or 306A) of the Finance Act 2004 that arrangements were notifiable under section 306(1) FA 2004.
- •The arrangements involved individuals finding work through a UK agency and entering into employment contracts with HBC (Isle of Man) and loan agreements with HBC.
- •The loan agreements constituted approximately 75% of the user's income, purportedly avoiding income tax and NICs.
- •HMRC withdrew the application against HBC, which was dissolved.
- •HBL, the UK company involved, was in liquidation and consented to the decision being made on the papers.
- •The arrangements were implemented from 2013/14 to 2018/19 and involved approximately 900 users in 2017/18.
- •HMRC contended the arrangements met the 'Premium Fee' (Regulation 8, description 3) and 'Standardised Tax Products' (Regulation 10, description 5) hallmarks of the Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2006.
Legal Principles
Meaning of "notifiable arrangements" under section 306(1) FA 2004.
Finance Act 2004
HMRC's power to apply for an order that arrangements are notifiable under section 314A FA 2004.
Finance Act 2004
Definition of a "promoter" under section 307 FA 2004.
Finance Act 2004
Premium fee hallmark under Regulation 8, description 3 of the Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2006.
SI 2006/1543
Standardised tax products hallmark under Regulation 10, description 5 of the Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2006.
SI 2006/1543; amended by SI 2016/99
Applicability of section 314A and section 306A of the Finance Act 2004 are excluded decisions for appeal purposes.
Appeals (Excluded Decisions) Order 2009 (SI 2009/275)
Outcomes
The Tribunal made an order under section 314A Finance Act 2004 that the arrangements were notifiable within the meaning of section 306(1) FA 2004.
The arrangements met the criteria of section 306(1)(a), (b), and (c) FA 2004, specifically falling under the 'Premium Fee' and 'Standardised Tax Products' hallmarks. HBL was deemed a promoter. The main benefit of the arrangements was the tax advantage obtained.