NO POWER TO ORDER HMRC TO 'SET-OFF' ASSESSMENTS

摘要

In James H Donald (Darvel) Ltd & Ors v Revenue and Customs [2017] UKFTT 446, James H Donald (Darvel) Ltd entered into tax avoidance schemes with the intention of saving tax and national insurance contributions (NICs) on wages and salaries. One of the schemes, Plan 5, was introduced in November 2000 and to implement it, J H Donald Company Services Ltd (Services) was incorporated on November 2000. Its shares were issued to Darvel, a private company limited by shares, the sole director of whom was Reginald Donald. Plan 7 was introduced in October 2005 and another company, J H Donald Retail Ltd (Retail), which had been set up in 2002 and was owned initially by Reginald Donald, was utilised for Plan 7.