THE KING (on the application of) UBS AG v THE COMMISSIONERS FOR HIS MAJESTY’S REVENUE AND CUSTOMS and JONATHAN WOOD [2024] UKUT 00242 (TCC)
Jurisdiction | UK Non-devolved |
Judge | Judge Swami Raghavan,Judge Jeanette Zaman |
Court | Upper Tribunal (Tax and Chancery Chamber) |
Published date | 21 August 2024 |
[2024] UKUT 00242 (TCC)
Case Number: UT/2021/000192
UPPER TRIBUNAL
(Tax and Chancery Chamber) Rolls Building, London
JUDICIAL REVIEW – challenge to HMRC’s refusal to exercise s684(7A) ITEPA discretion to
remove obligation on employer to account for PAYE in respect of employee’s tax liability on
earnings in the form of gilts – HMRC subsequently withdrew defence and sought consent to
withdraw from proceedings on basis that a new HMRC officer would make new decision on
exercise of discretion – whether HMRC correct to say original action rendered academic – no
– whether tribunal should make mandatory, declaratory and quashing orders sought by
claimant – no (apart from declaratory relief in respect of misdirections of law that were made
out and mandatory order to make a new decision)
Heard on: 20 May and 10 June 2024
Judgment date: 21 August 2024
Before
UPPER TRIBUNAL JUDGE SWAMI RAGHAVAN
UPPER TRIBUNAL JUDGE JEANETTE ZAMAN
Between
THE KING (on the application of) UBS AG
Claimant
and
THE COMMISSIONERS FOR HIS MAJESTY’S REVENUE AND CUSTOMS
Defendants
and
JONATHAN WOOD
Interested Party
Representation:
For the Claimant: Sam Grodzinski KC, Marika Lemos, Counsel, instructed by Simmons
& Simmons LLP
For the Defendants: Aparna Nathan KC, Joshua Carey, Sam Way, Counsel, instructed by
the General Counsel and Solicitor to His Majesty’s Revenue and
Customs
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