FTT Appeal against HMRC allowed, Magic Carpets not careless enough

In Magic Carpets (Commercial) Ltd v HMRC [2023] TC08892, the First-tier Tribunal (FTT) determined that despite the taxpayer’s carelessness in implementing a tax planning scheme that included an employee benefit trust (EBT), this carelessness did not result in a loss of tax. As a result, HMRC’s determinations were deemed to have been issued beyond the standard four-year limitation period and were therefore considered untimely.

Magic Carpets Ltd v HMRC

Magic Carpets (Commercial) Ltd employed a tax planning strategy involving an EBT to compensate key personnel. The arrangement was structured through a consultancy, Herald, which consistently recommended making payments into an offshore EBT. While Magic Carpets claimed deductions for these payments, they failed to account for PAYE (Pay As You Earn) income tax or National Insurance contributions on the amounts loaned to employees.

What is PAYE Income Tax?

PAYE income tax, short for “Pay As You Earn,” is a system employed by various countries, including the United Kingdom, for the collection of income tax. Under PAYE, employers deduct income tax directly from their employees’ wages or salaries before paying them. This deduction is based on the employee’s tax code, which factors in their personal allowance, deductions, and other income sources. Employees receive a payslip detailing the gross pay, tax deductions, and net pay for transparency. The tax withheld is then submitted to the relevant tax authority, i.e. HMRC in the UK. At the end of the tax year, employees receive a summary statement, called a P60, which provides a comprehensive view of their earnings and tax deductions for self-assessment and tax return purposes.

PAYE income tax ensures a consistent and predictable collection of income tax throughout the year, preventing the need for a substantial lump-sum payment at year-end. It also promotes tax compliance and efficient revenue management. To ensure accuracy, employees should regularly review their tax codes and notify their employers or tax authorities of any significant changes in their financial circumstances, as incorrect codes can lead to overpayment or underpayment of income tax, requiring adjustments or potential repayments.

HMRC Determinations and Timing

In these FTT proceedings, HMRC issued determinations for unpaid PAYE income tax for the tax years 2009/10 and 2010/11, accompanied by penalty assessments under Schedule 24. The critical question was whether these determinations fell within the statutory time limits.

The Legislation and Carelessness

The case’s legal foundation is established by key tax legislation, including Regulation 80(5), Section 34, and Section 36 of the Taxes Management Act 1970, along with Paragraph 1 of Schedule 24, which addresses penalties for inaccuracies in tax documents.

The crux of the matter was the taxpayer’s alleged carelessness in implementing the EBT arrangement and whether this carelessness led to a loss of tax.

The Standard of a Reasonable Taxpayer

The FTT evaluated the conduct of Magic Carpets against the benchmark of a hypothetical “prudent and reasonable taxpayer” as established in HMRC v Hicks [2020] UKUT 0012 (TC). Generally, taxpayers can rely on professional advisors when preparing tax returns without being considered negligent.

Assessing Magic Carpets’ Conduct

While Magic Carpets had engaged independent professional advisors, the FTT identified shortcomings in their conduct. The directors of the company failed to comprehensively understand the complex EBT arrangement. They signed documents with inaccuracies and were aware that the arrangement lacked substance. Despite their limited tax sophistication, the FTT believed they should have made further inquiries. However, upon further insight into the case it was seem that the negligence of Magic Carpets did not directly lead to the loss of tax. It was HMRC’s responsibility to establish this causal link, a task they failed to accomplish.

The Tribunal’s Decision

Due to the FTT’s finding that the negligence of Magic Carpets did not cause the loss of tax, HMRC’s determinations were issued outside the statutory time limits. Consequently, the FTT allowed the taxpayer’s appeals.

The Magic Carpets case serves as a stark reminder of the complexities involved in tax disputes and the critical importance of establishing the connection between a taxpayer’s actions and the resulting tax loss. It underscores that negligence, while significant, is not on its own sufficient to establish the timeliness of determinations.

This ruling also highlights the necessity for tax authorities, such as HMRC, to rigorously establish the link between a taxpayer’s actions and the resulting tax loss when making determinations and assessments. In the intricate world of tax planning and disputes, causation and the burden of proof play a pivotal role in determining the case’s outcome.

If you require guidance or representation in HMRC tax disputes, our legal team is available to provide expert assistance at every stage of the process. Our team has in-depth knowledge of tax law and experience with HMRC procedures, ensuring that you receive the best representation and advice to navigate these complex issues successfully.

Download Judgment Here

Professional HMRC Tax Appeal Litigation Advice

Our tax barristers and solicitors provide the very best representation in negotiations and in litigation in front of the Tax Tribunal. Our team specialises in successfully challenging HMRC decisions and will assist you in every aspect including developing a strategy. Our ex-HMRC team provide advice in relation to:

• Appealing against a tax assessment;

• Appealing against a tax penalty;

• Negotiating with HMRC;

• Navigating the HMRC internal review process; and

• Advising on statutory tax appeals within the Tax Tribunal.

If you want to challenge a decision made by HMRC or appeal to the Tax Tribunal, we can help you understand the issues raised, gather necessary information, and ensure a comprehensive and accurate response to HMRC. Just book an initial conference with our leading tax counsel (former HMRC in-house tax barrister and Head of Indirect Tax Litigation at Deloitte and National Tax Litigation Director at PWC) and our Senior Partner who worked at KMPG, Goldman Sachs and ING Barings and is dual-qualified as a Barrister and Solicitor-Advocate. Both lawyers will be available to you at the outset in your first advice conference.

Expert London Tax Lawyers

If you need HMRC Tax Disputes advice, we are available to aid you at every stage of the HMRC appeals process. Members of our legal team have first-hand experience and working knowledge of the internal workings of HMRC. We can provide you with the very best representation in negotiations, throughout the HMRC internal review process and in front of the Tax Tribunal. Our team specialises in successfully challenging HMRC decisions and will assist you in every aspect including developing a strategy.

We are experts in adeptly presenting evidence and employing bespoke arguments combining the facts of your case, previous cases and current legislation to ensure your appeal is a successful one. We provide urgent advice and representation to clients from our unique expert team of established tax and duties specialist solicitors and barristers with a proven track record of delivering authoritative results. Just call us on 0207 1830 529, or email [email protected].