A Banks v HMRC [2021] EWCA Civ 1439 (6 October 2021) is the latest attempt by Arron Banks to obtain IHT relief on his donations to UKIP. Like the previous attempts this one failed but the decision is not without interest. His problem is that relief is given only in relation to parties which had two MPS elected at the last general election (or one MP and at least 150 000 votes) and at the time of the gifts UKIP’s two MPS had been elected at by elections. The question was whether this rule infringed Mr Banks’ (or UKIP’s) rights under the European Convention of Human Rights. The Court of Appeal accepted that in one respect there was a breach of convention rights – in that he was discriminated against for being a supporter of a party which had no MPs elected at the...
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A Banks v HMRC [2021] EWCA Civ 1439 (6 October 2021) is the latest attempt by Arron Banks to obtain IHT relief on his donations to UKIP. Like the previous attempts this one failed but the decision is not without interest. His problem is that relief is given only in relation to parties which had two MPS elected at the last general election (or one MP and at least 150 000 votes) and at the time of the gifts UKIP’s two MPS had been elected at by elections. The question was whether this rule infringed Mr Banks’ (or UKIP’s) rights under the European Convention of Human Rights. The Court of Appeal accepted that in one respect there was a breach of convention rights – in that he was discriminated against for being a supporter of a party which had no MPs elected at the...
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