Morgan Lloyd Trustees and another v HMRC

In Morgan Lloyd Trustees and another v HMRC [2017] UKFTT 131 (1 February 2017) the FTT dismissed the appeal against scheme sanction charges imposed on the first appellant (and unauthorised payments charges imposed on the second appellant) but allowed the appeal against unauthorised payment surcharges imposed on the second appellant.

The appeals related to tax charges imposed on the administrator of one pension scheme and on a member of a different pension scheme in respect of the two schemes’ purchase of property which according to HMRC was ‘tangible moveable property’ so triggering charges under FA 2004 Chap 3 (as amended by FA 2006). In relation to the first appellant the charges imposed were ‘scheme sanction charges’; and in relation to the second appellant they were an ‘unauthorised payments charge’ and an ‘unauthorised payments surcharge’. The...