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Directors’ duties and EBT schemes

The after-effects of the Rangers decision are being felt beyond the tax tribunals. Dominic Stuttaford and Matthew Findley (Norton Rose Fulbright) review lessons from two recent cases on directors' duties for unpaid PAYE and NICs relating to unsuccessful EBT schemes.

It always pays for those in the tax world to look up from the decisions of the tax tribunals and higher courts and see what is happening elsewhere in the courts. Two judges in the Bankruptcy and Companies Court heard separate cases in early October. In both those cases liquidators brought claims against directors for HMRC debt for unpaid PAYE and NICs liabilities related to EBT avoidance schemes.

The tax avoidance arrangements were closely aligned to the planning in RFC 2012 Plc v HMRC (the Rangers case). The Rangers planning was held to have failed by the Court of Session ([2015] CSIH 77) and...

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