HMRC v ABL (Holding) and others [2017] UKFTT 220 (13 March 2017) the FTT found that when the lead appellant in a Rule 18 (the FTT Rules 2009) situation appeals the FTT should await the decision of the Upper Tribunal.
The lead cases and related cases arose out of similar tax planning arrangements involving the transfer of loan notes to employees and directors in a way which was hoped not to give rise to any PAYE or NIC liability. The Rule 18 direction specified a number of related questions of fact and law which to the extent determined in the lead appeals would be binding on the related appellants. As of February 2017 133 appeals had been designated as ‘related cases’.
The FTT dismissed the appeals of the two lead appellants who were granted permission to appeal to the UT. The FTT issued ‘stay directions’...
