The latest employee benefit trust (EBT) case is the First Tier Tribunal (FTT) decision in Scotts Atlantic Management Limited & Othrs v R & C Commrs (2013) UK FTT 299. This is a fascinating case, mainly because the decision embraces some of the fundamentals for tax practitioners - revenue versus capital, duality of purpose and payment.Also, it is notable for HMRC's rather odd marshalling of arguments. And thirdly, though really not one to make light of -the 'fabricated evidence': board minutes 'recreated' at. of all places. Counsel's chambers (without, it should be emphasised. Counsel's knowledge), presentation of the 'found' minutes to the Tribunal, the guilty Appellant quickly 'fessing up'.The decision also carries wider resonance. It follows the Glasgow Rangers EBT case, Murray Group Holdings (2012) UK FTT 692. Plenty of companies have undertaken tax planning through EBTs. HMRC's EBT settlement opportunity has been in play since late 2011. Those reluctant to engage with this remain on the lookout for judicial developments.
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