Travel Document Service and Ladbroke Group International v HMRC has now reached the Court of Appeal, which followed the FTT and Upper Tribunal in deciding in favour of HMRC. FA 1996 Sch 9 para 13 (now CTA 2009 s 441) can apply to a deemed loan. Where a subsidiary also takes part in a scheme and has debits which are ‘no more than they would have been’ absent the scheme, the debits can still be disallowed unless there is clear evidence that they are not attributable to the unallowable purpose. Finally, a ‘main’ purpose is more than trivial, but has a connotation of importance.
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