In Shiner & Sheinman v HMRC (TC03505 – 23 April 2014) the FTT granted HMRC its application to have the case struck out.
Both appellants had entered into tax planning structures to shelter UK income from income tax using an exemption under the UK/Isle of Man double tax treaty. Relying on ITTOIA 2005 s 858 (introduced with retrospective effect by FA 2008 s 58) HMRC had issued closure notices for the tax years 2005/06 2006/07 and 2007/08 on the basis that the claimed exemption no longer applied.
Both appellants started proceedings for judicial review of HMRC’s decision principally on the ground that the retrospective effect of s 58 was in breach of the European law principle of free movement of capital (TFEU art 56). The Court of Appeal dismissed the taxpayers’ application for judicial review on the grounds that there had been no...
