In Doran Bros v HMRC [2017] UKFTT 829 (23 December 2016) the FTT found that tax advice given to a company and which greatly benefited its sole director and employee was obtained for the purpose of the company’s business.
Doran Bros had implemented tax measures on the advice of its accountants (Qubic) who had invoiced for their services. The measures involved the purchase of gold to put into an employee benefit trust for the benefit of Mr Doran the company’s sole director and employee. HMRC contended that the VAT on the invoice was not deductible on the basis that there was insufficient evidence to show that the invoice related to a business expense.
The FTT accepted HMRC’s contention that Mr Doran had benefited from the advice (as well as his company) but found that as a matter of ‘economic reality’ the services...
