Robert Morris and Rachael Healey (RPC) review lessons from the recent Court of Appeal judgment.
When a tax arrangement fails to provide the tax saving hoped for (and especially when this results in interest and penalties becoming payable) there is always a risk that the taxpayer will look to recover any losses incurred from any professionals that advised on the arrangement. Often the adviser’s liability will be determined by the court considering whether prior to entering the arrangement the client was provided with appropriate warnings of the risks of the arrangement failing.
In Barker v Baxendale Walker [2017] EWCA Civ 2056 the Court of Appeal’s judgment illustrates the factors a court will take into account when determining whether or not a warning was sufficient.
The case concerned advice given by a firm of...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
Robert Morris and Rachael Healey (RPC) review lessons from the recent Court of Appeal judgment.
When a tax arrangement fails to provide the tax saving hoped for (and especially when this results in interest and penalties becoming payable) there is always a risk that the taxpayer will look to recover any losses incurred from any professionals that advised on the arrangement. Often the adviser’s liability will be determined by the court considering whether prior to entering the arrangement the client was provided with appropriate warnings of the risks of the arrangement failing.
In Barker v Baxendale Walker [2017] EWCA Civ 2056 the Court of Appeal’s judgment illustrates the factors a court will take into account when determining whether or not a warning was sufficient.
The case concerned advice given by a firm of...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
