D M Kyte v HMRC

Cathya Djanogly

In D M Kyte v HMRC [2018] EWHC 1146 (18 May 2018) the High Court dismissed a claim for a declaration that the taxpayer had entered into a binding contract with HMRC.

The claimant had invested in a scheme known as Scion Structured Products which involved the purchase of certain rights in the film ‘Frost Nixon’. He had also invested in two other tax mitigation schemes Goldcrest and Ingenious Film Partners 2 but only the Scion scheme was directly relevant to the issue in this claim. Mr Kyte sought a declaration that he had entered into a binding contract with HMRC on 12 January 2016 to settle his tax liabilities arising from the scheme. HMRC denied having entered into such a contract.

The first issue was whether there had been an offer by HMRC. The High Court noted that ‘matters started to come to a...

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