Andy Goodman considers how some of the ‘mainstream’ taxefficient incentive structures may be viewed in light of the current debate on the moral acceptablilty of tax planning.
Management pay and incentives have always been a contentious area of interaction between HMRC and the taxpayer. The landscape of tax in this area has been continually changing over the past ten years due to new legislation case law and HMRC guidance. Taxpayers have sought to minimise tax charges while HMRC and the government have sought to protect the exchequer and prevent planning that they consider inappropriate. The introduction of the employment-related securities legislation in FA 2003 the cases of MacDonald v Dextra Accessories Ltd and Others [2005] STC 1111 HL Sempra Metal Ltd v HMRC [2007] STC 1559 HL and Grays...
