K (oao Sensor Solutions Ltd) v HMRC

In K (oao Sensor Solutions Ltd) v HMRC [2024] EWHC 1119 (Admin) (13 May) the High Court (HC) refused the company’s application for judicial review of a decision by HMRC not to make repayments under the Disguised Remuneration Repayment Scheme (DRRS) of amounts paid under a voluntary settlement. 

The company participated in an employer financed retirement benefit scheme (EFRBS) for 2012/13. Following the introduction of the loan charge provisions in 2017 the company entered into a voluntary settlement in respect of the scheme in 2019. In April 2021 the company made an application for repayment of the settlement under the DRRS which was established by FA 2020 s 20 following the Morse review of the loan charge. HMRC refused to make the repayment on the basis that the company had not made a ‘reasonable disclosure’ of the scheme in its tax returns...