John Mander Pension Trustees Ltd v HMRC

The decision in John Mander Pension Trustees Ltd v HMRC (Upper Tribunal – 31 January) follows on from the case of R (oao Mander) v CIR (2002 STC 531). An approved pension scheme had three trustees: a UK company and a married couple who were the only two beneficiaries of the scheme. On 5 November 1996 the couple were replaced as trustees by a Guernsey company. On the same day the trustees authorised a substantial transfer of funds to another pension scheme the original UK trustees of which were (also on the same day) replaced by new trustees resident outside the UK. When the Revenue discovered this they issued a notice under ICTA 1988 s 591B withdrawing their approval of the scheme with effect from 5 November 1996. They also issued an assessment under ICTA 1988 s 591C...