Forde & McHugh Ltd v HMRC

In Forde & McHugh Ltd v HMRC (Upper Tribunal – 2 March) a company made payments to a funded unapproved retirement benefit scheme for the benefit of one of its directors. HMRC issued a determination that Class 1 national insurance contributions were due in respect of the payments. The Upper Tribunal allowed the company’s appeal applying the QB decision in Tullett & Tokyo Forex International Ltd v Secretary of State for Social Security [2000] EWHC Admin 350 and declining to follow the contrasting Special Commissioners’ decision in Telent plc v HMRC [2008] SSCD 202. The Upper Tribunal held that ‘whatever doubts we may have about the outcome in Tullett & Tokyo High Court decisions were ‘entitled to the very greatest respect and we should only depart from them if we are satisfied that they were clearly wrong or...