PHILLIP BRIAN HIGGS & OTHERS and THE COMMISSIONERS FOR HIS MAJESTY’S REVENUE AND CUSTOMS [2023] UKUT 00296 (TCC)

JurisdictionUK Non-devolved
JudgeJUDGE VINESH MANDALIA,JUDGE KEVIN POOLE
Subject Matter13 December 2023
CourtUpper Tribunal (Tax and Chancery Chamber)
Published date14 December 2023
Neutral Citation: [2023] UKUT 00296 (TCC) Case Number: UT/2020/403
UPPER TRIBUNAL
(Tax and Chancery Chamber) Hearing venue: Rolls Building, London
Procedure preliminary issue marketed tax avoidance scheme doctrine of precedent the
FtT does not have jurisdiction to consider whether a taxpayer was entitled to PAYE credits
under Regulations 185 and 188 of the Income Tax (PAYE) Regulations 2003 for sums that end
users were liable to deduct under PAYE.
Heard on: 29 November 2023
Judgment date: 13 December 2023
Before
JUDGE VINESH MANDALIA
and
JUDGE KEVIN POOLE
Between
PHILLIP BRIAN HIGGS & OTHERS Appellants
and
THE COMMISSIONERS FOR HIS MAJESTY’S REVENUE AND CUSTOMS
Respondents
Representation:
For the Appellants: Keith Gordon, counsel, instructed by Stratax LLP, trading as Strategic
Tax Planning
For the Respondents: Akash Nawbatt KC and Sebastian Purnell, counsel, instructed by the
General Counsel and Solicitor to His Majesty’s Revenue and Customs

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