Pensions and discovery: There are two distinct points of interest inKillik & Co LLP v HMRC [2023] UKFTT 653 (TC) (25 July 2023). The first relates to in-specie contributions to pension schemes. In Sippchoice [2020] UKUT 149 (TCC) the UT had decided that such contributions did not meet the statutory test of being ‘contributions paid’ and therefore that they were not eligible for relief. The taxpayer here attempted a number of arguments to show that its circumstances were different enough to those in Sippchoice and hence that relief was not available. The FTT did not accept this and its analysis here will be required reading for all those dealing with pension schemes.
The second point relates to discovery. The pension scheme rules include provisions which broadly mirror the discovery rules which apply for direct taxes generally but there are some differences because of the...
