Banks: a real Brexit tax

In A Banks v HMRC [2018] UKFTT 617, the tribunal heard an appeal by Arron Banks against HMRC’s decision to deny him relief on certain donations which he and his companies had made to the UK Independence Party. The tribunal decided that his rights had been infringed under the European Convention on Human Rights; however, there was nothing it could do to remedy that infringement. The tribunal held that certain provisions in IHTA 1984 discriminated against Banks due to his political predisposition, but only Parliament could remedy this legislative defect.