HMRC v Fisher

In HMRC v Fisher [2023] UKSC 44 (21 November 2023) the Supreme Court (SC) unanimously decided that the individual who is liable to the primary charge is the one who makes the transfer of assets abroad. The transfer of assets by a company is not to be treated as a transfer by the shareholders or directors.

Stan James (Abington) Ltd operated a telephone betting business within the UK. The business was owned by the Fishers Stephen Anne their son Peter and daughter Dianne.

In March 2020 the entire business of Stan James (Abington) Ltd (apart from 12 shops) was transferred to Stan James Gibraltar Limited. Both businesses were owned by the Fisher family.

The reason for making the transfer was to avoid a catastrophic demise of the business owing to the need within the UK to account for betting duty (under the Betting and...

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