In HMRC v Anson (aka Swift v HMRC) (Upper Tribunal – 1 August) an individual (S) who was resident in the UK helped to form a Delaware limited liability company (H).
The USA authorities charged tax on S’s share of H’s profits treating H as a transparent entity. S claimed double taxation relief for the US tax.
HMRC issued discovery assessments for 1997/98 to 1999/2000 and amendments to S’s self-assessments for 2000/01 to 2003/04 on the basis that H should not be treated as transparent and that S was not entitled to double taxation relief.
The First-tier Tribunal allowed S’s appeal but the Upper Tribunal reversed this decision. Mann J held that on the facts found by the First-tier Tribunal S had no ‘form of proprietary entitlement’ to H’s profits.
Applying the...
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