As the working week draws to a close, I have been reflecting on the past few days. It’s been a reasonably average week – a couple of networking events, notably Griffin & King held an event in Walsall which was well attended and had a great lunch. The office is functioning well, and we continue to try and give our clients the service they deserve.
On a personal note, I finished my rugby season in style, as club 4th Official for Worcester Warriors, who won the RFU Championship to secure a return to the Premiership in September. It was a great match, and great fun to watch the post match celebrations.
So, a short article of interest will follow, and then I’m off home!
HMRC wins supreme court ruling over £30m tax avoidance scheme
MCashback investors not able to claim software tax relief
Pat Sweet
12 May 2011
The UK supreme court has ruled in favour of HM Revenue & Customs in a tax avoidance case which could cost wealthy investors £30m.
The ruling mainly relates to two partnerships, called Tower MCashback 1 and Tower MCashback 2, which were used as part of a tax avoidance scheme by around 200 investors.
The scheme involved a software company called MCashback which developed a software system to handle loyalty card payments. The partnerships entered into licence agreements with MCashback under which each acquired rights to use an element of the software. Investors put up 25% of the cost of buying software from the company, while the other 75% came from loans indirectly provided by MCashback itself.
The investors then tried to claim a software-related tax relief for the full 100% of the cash paid for the software, enabling them to get £40 off their income tax bills for every £25 they put up.
Those who signed up for the scheme included members of the pop band Liberty X, Peter Farquhar, the former chief executive of ethical breakfast brand Dorset Cereals, several financial advisers from wealth management group St James’s Place, bankers from Deutsche Bank, and a group of dentists from a clinic in Suffolk, according to the Guardian.
However, the supreme court has now ruled that they can only claim the tax relief for the cash that they invested.
Bill Dodwell, a tax adviser at Deloitte, described the scheme as pushing the bounds of credibility and said: ‘The price paid for the software was just absurd. Investors were never going to repay the loans, either.’
The court’s decision ends a long legal battle over the scheme, which first came to the tax tribunals in 2007. The claims relate to the years 2003-4 and 2004-5.