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S Hoey v HMRC

The decision in S Hoey v HMRC [2021] UKUT 82 (TCC) (12 April 2021) covered a range of issues arising from contractor loan arrangements. The Upper Tribunal (UT) held that the First-tier Tribunal (FTT) had not erred in law in concluding that it had no jurisdiction to determine whether a taxpayer was entitled to a PAYE credit after HMRC exercised its discretion not to charge the taxpayer’s deemed employer. It also held that the transfer of assets abroad provisions were not engaged as the income of the relevant person abroad was nil.

The taxpayer (H) was a UK-based IT contractor providing services to UK end users. H’s employers made contributions to employee benefit trusts (EBTs) which in turn made loans to H. It was accepted that the contributions to the EBT were taxable employment income of H. Because H’s employers were based outside the UK the law provided that the...

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