In HMRC v EDF Tax (in creditors’ voluntary liquidation) [2019] UKFTT 598 (20 September 2019) the FTT found that arrangements were notifiable under DOTAS.
EDF a tax practice had marketed and sold reward arrangements known as the Delta arrangements. These involved the setting up of employee benefit trusts followed by deeds of variation implementing the ‘Delta rewards platform’. HMRC applied for an order (under FA 2004 s 314A) that the arrangements were notifiable and in the alternative that the arrangements were to be treated as notifiable (s 306A).
The FTT considered whether each of the requirements set out in s 306 was satisfied. It first observed that what had been marketed by EDF amounted to ‘arrangements’ (as defined in s 308): ‘There was clearly a series of pre-planned transactions: the Delta arrangements were a “scheme” on any meaning of the words.’ Secondly the FTT found that...
