In Sword Services and others v HMRC [2016] EWHC 1473 (23 June 2016) the High Court dismissed a claim for judicial review of partner payment notices (PPNs).
The claimants were members of film partnerships set up as part of a tax avoidance scheme described by HMRC as a ‘UK GAAP sideway loss scheme’. HMRC had issued PPNs (under FA 2014 Sch 32) to the members of the partnerships.
The members challenged these PPNs on the ground that FA 2014 Sch 32 did not apply to limited liability partnerships (LLPs). They argued that Sch 32 referred to ‘partnerships’ but that the Limited Liability Partnerships Act 2000 made it clear that an LLP was a separate legal entity so that unless otherwise provided the ordinary law of partnership did not apply. The High Court found however that whatever the legal character of LLPs this could not be determinative...
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