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HMRC beats Vocalspruce, Fidex and Biffa avoidance schemes

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HMRC has publicised its victories at the Court of Appeal against Vocalspruce Ltd, at the Upper Tribunal against Fidex Ltd, and at the First-tier Tribunal against Biffa (Jersey) Ltd, amounting to more than £100m of tax.

HMRC has publicised its victories at the Court of Appeal against Vocalspruce Ltd, at the Upper Tribunal against Fidex Ltd, and at the First-tier Tribunal against Biffa (Jersey) Ltd, amounting to more than £100m of tax.

The first was a Court of Appeal win, with the lead case involving Vocalspruce Ltd along with 43 other follower cases. HMRC says that a total of £85.4m in tax was at stake, with a further £65.7m protected from other tax settlements. The second was an Upper Tribunal win involving Fidex Ltd, a subsidiary of BNP Paribas, which HMRC says protected £17.2m on in tax; and the third case was a First-tier Tribunal case decided in HMRC’s favour against an avoidance scheme used by the Biffa Group. This, along with two other cases using the same scheme, involved around £15m of tax, with a further £6m already having been settled by others ahead of the litigation.

Jennie Granger, director general of enforcement and compliance at HMRC, said: ‘All three of these substantial and significant judgments further vindicate our strong stance against tax avoidance – we won't hesitate to litigate if a satisfactory settlement can't be reached through discussion. In the case of the scheme used by Vocalspruce, our position has now been backed by two tribunals and the Court of Appeal, adding to our already strong record which sees us win 80% of cases we litigate.’

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