Dalriada Trustees Limited (as Administrator of the Grosvenor Parade Pension Scheme & Ors) & Ors v The Commissioners for HMRC

Decision date: 21 March 2023

Neutral citation: [2023] UKFTT 314 (TC)

Overall AI summary confidence: medium

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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: medium

This case concerns reciprocal member-to-member pension loans (MPVA loans) operated within the Ark Schemes' Pensions Reciprocation Plan and whether those loans gave rise to unauthorised member payments (UMPs), deemed UMPs and attendant tax charges and surcharges. The tribunal found, on the balance of probabilities and based on contemporaneous spreadsheets, that member-to-member matching was intended, so lending schemes’ MPVA loans were actual UMPs apportioned to matched members, and borrowers also received deemed UMPs taxed under the benefits code (ITEPA Chapter 7). Dalriada’s and Ms Oades’ applications to discharge scheme sanction charges and surcharges were dismissed.

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 contemporaneous evidence establishes member-to-member matching, an MPVA loan made by one scheme can constitute an actual unauthorised member payment "in respect of" the matched member(s) and is to be apportioned pro rata among them; additionally, sections 160(2)(b) and 173 can deem related benefits (including loans from another scheme) to be unauthorised payments taxed by reference to the benefits code (ITEPA Chapter 7), so unpaid interest or favourable terms are reflected in cash-equivalent taxation.

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 tribunal indicated that contemporaneous administration records (spreadsheets) may be preferred over later recollection in determining operators’ intentions; that reliance on advice from advisers with vested interests or incomplete instructions is weak evidence of a reasonable belief in tax compliance; and observed practical unfairness issues in applying scheme sanction charge mechanics to independent trustees appointed later (noting later legislative changes addressed some concerns).

Warning

Somewhat noisy and complex factual matrix with extensive documentary material and overlapping legal issues; careful reading of the tribunal's factual findings and categorizations is required for precise application. the provided notes are detailed but describe a complex and fact-specific matrix; they may omit finer factual or legal nuances from the full judgment.