In The Queen on the application of G R Haworth v HMRC [2019] EWCA Civ 747 (1 May 2019) the Court of Appeal allowed the taxpayer’s appeal against follower and accelerated payment notices (FA 2014 ss 204 and 219).
Mr Haworth had established a trust to hold shares for his benefit (and that of his family). When he envisaged the disposal of the shares in 2000 he replaced the Jersey trustees with trustees resident in Mauritius. The UK/Mauritius double tax treaty meant that CGT should be avoided.
In Smallwood [2010] EWCA Civ 778 the Court of Appeal subsequently found that a trust whose trustee was a Mauritian resident company was actually managed and controlled from the UK so that an arrangement similar to the one implemented by Mr Haworth failed. Following the Smallwood decision HMRC issued both follower notices and accelerated payment notices to many taxpayers ...
