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Morgan Lloyd Trustees Ltd v HMRC

Scheme sanction charges on pension scheme trustee company unauthorised payments

In Morgan Lloyd Trustees Ltd v HMRC [2025] UKUT 102 (TCC) (25 March) the UT considered the appeal of a pension scheme trustee company (MLT) against scheme sanction charges under FA 2004 s 239 in respect of unauthorised payments made by the schemes to the sponsoring employers. The UT remitted the appeal as it related to two of the payments back to the First-tier Tribunal (FTT) for further consideration but dismissed the appeal in all other respects.  

The company was the trustee of small self-administered pension schemes (SSASs) established by more than 500 employers who entered into transactions with their SSASs to enable them to extract cash. These were structured either as loans secured by a charge over various items of intellectual property (IP) such as domain names websites and trademarks or as a sale and leaseback...

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