In HMRC v Anson [2012] UKUT 59 (TC), Mann J was reluctant to allow the taxpayer to invoke the anti-avoidance provisions relating to transfers of assets abroad to improve his tax position but did not receive any support from HMRC. HMRC’s reticence is understandable, as there have been a number of cases in which the court has recognised the taxpayer’s right to invoke anti-avoidance legislation. There have also been a few cases in which taxpayers have attempted to invoke the Ramsay principle to improve their tax position. They have so far been unsuccessful but their attempts have failed on technical grounds, not on the grounds that it is not open to the taxpayer to invoke Ramsay.
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