{"id":60037,"date":"2015-08-05T10:39:00","date_gmt":"2015-08-05T10:39:00","guid":{"rendered":"http:\/\/mostafa.openonline.co.uk\/?guid=41554a53207d758074218d808174dbc2"},"modified":"2015-08-05T10:39:00","modified_gmt":"2015-08-05T10:39:00","slug":"press-release-hmrc-wins-45m-in-second-abbey-national-avoidance-case","status":"publish","type":"post","link":"https:\/\/mostafa.openonline.co.uk\/?p=60037","title":{"rendered":"Press release: HMRC wins \u00a345m in second Abbey National avoidance case"},"content":{"rendered":"
\n

The First-tier Tribunal\u2019s ruling will protect over \u00a345 million tax from ANTS<\/abbr> as well as another \u00a340 million in a second case that will be decided by this ruling.<\/p>\n

Jim Harra, HMRC<\/abbr> Director General, Business Tax, said:<\/p>\n

\n

HMRC<\/abbr> has again protected a significant amount of tax revenue, and we will continue to tackle aggressive tax avoidance schemes.<\/p>\n

This win shows that any business, irrespective of size, that promotes or uses tax avoidance schemes can expect to be challenged by HMRC<\/abbr>. Where necessary, we will take them through the courts to protect tax revenue.<\/p>\n<\/blockquote>\n

This is the latest in a series of tax tribunal wins for HMRC<\/abbr>, with tribunals finding in HMRC<\/abbr>\u2019s favour in around 80 per cent of avoidance cases that taxpayers choose to litigate.<\/p>\n

Notes to Editors<\/h3>\n
    \n
  1. \n

    The First-tier Tribunal decision is available here<\/a>.<\/p>\n<\/li>\n

  2. \n

    This is the second win for HMRC<\/abbr> against ANTS<\/abbr> in recent weeks. The earlier decision can be read here.<\/p>\n<\/li>\n

  3. \n

    More information on what HMRC<\/abbr> is doing to tackle tax avoidance.<\/p>\n<\/li>\n

  4. \n

    Follow HMRC<\/abbr> Press Office on Twitter @HMRCpressoffice<\/a>.<\/p>\n<\/li>\n

  5. \n

    HMRC<\/abbr>\u2019s Flickr channel: http:\/\/www.flickr.com\/hmrc.gov.uk<\/a>.<\/p>\n<\/li>\n

  6. \n

    The avoidance scheme, used by Abbey National Treasury Services PLC (ANTS<\/abbr>) (now part of the Santander banking group), involved distributing profits from \u2018swaps\u2019 to its parent company (Abbey National Plc), using accounting practice to claim an accounting debit as a tax deductible loss in ANTS<\/abbr> without a matching taxable receipt in Abbey National Plc.<\/p>\n<\/li>\n<\/ol>\n

    The scheme involved the issue of shares by ANTS<\/abbr> to Abbey National Plc. The shares had specific rights that entitled Abbey National Plc to receive dividends of an amount equal to certain cash flows receivable from specified derivative assets (swaps), held by ANTS<\/abbr>.<\/p>\n

    On issuing the shares, ANTS<\/abbr> derecognised \u00a3160 million from the accounting value of the relevant swaps and recognised a corresponding \u00a3160m dividends debit, which it claimed as a tax deductible loss in its corporation tax return. The dividends were not taxable income in the hands of Abbey National Plc. HMRC<\/abbr> agreed the accounting treatment but disagreed that the debit fairly represented a loss. This was supported by the FTT<\/abbr>.<\/p>\n

    The Tribunal found that no deduction was due as ANTS<\/abbr> had not incurred any loss to which the relevant legislation applied. The Tribunal also supported HMRC<\/abbr>\u2019s secondary transfer pricing argument.<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

    HMRC has won another major tax avoidance case against Abbey National Treasury Services PLC (ANTS), protecting more than \u00a385 million for UK taxpayers.<\/p>\n","protected":false},"author":8,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[13],"tags":[],"_links":{"self":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/posts\/60037"}],"collection":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=60037"}],"version-history":[{"count":0,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/posts\/60037\/revisions"}],"wp:attachment":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=60037"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=60037"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=60037"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}