Mark Northwood v The Commissioners for HMRC

Decision date: 21 March 2023

Neutral citation: [2023] UKFTT 351 (TC)

Overall AI summary confidence: high

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Short overview

This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.

AI confidence in this short overview: high

This appeal concerned whether payments by sole-trader orthodontist Mr Northwood into a remuneration trust (RT) for 2010–2013 were deductible business expenses. The Tribunal found the accounts were not prepared in accordance with GAAP, the payments fell within UITF32/FRS5 analysis and should have been treated as assets not immediate expenses, and that the RT arrangements were a sham intended to conceal the true purpose (including tax advantage and retained control/benefit). The Tribunal dismissed the appeal and upheld HMRC’s disallowance of the deductions.

Ratio decidendi

This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.

AI confidence in this ratio decidendi summary: medium

Where an intermediate payment arrangement falls within the scope of UITF32/FRS5, there is a rebuttable presumption that the payer retains access to future economic benefits and control; absent satisfactory rebuttal the amounts should be accounted for as assets rather than immediate expenses, and the accounting substance (including subjective intention and substance over form) governs tax deductibility.

Obiter dicta

This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.

AI confidence in this obiter dicta summary: medium

The judgment indicates that HMRC may raise sham allegations revealed in cross‑examination even if not previously pleaded, provided the appellant has a fair opportunity to respond, and that the weight of expert evidence depends on adherence to accounting standards and balanced, non‑partisan analysis.