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FTT (Tax) disallows UURBS pension liability provisions as not wholly and exclusively incurred; primary purpose to reduce corporation tax (A D Bly Groundworks; CHR Travel v HMRC)

Published on: 15 December 2021

Published by a LexisNexis Tax expert
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A D Bly Groundworks and Civil Engineering Ltd and CHR Travel Ltd v HMRC [2021] UKFTT 445 (TC)

Both taxpayers used the same firm of chartered accountants to set up a UURBS, under which they undertook to provide directors and certain key employees with a pension at a later date. The taxpayers recorded provisions in their accounts for their liability to make those pension payments in future, thereby recognising expected obligations to be settled in due course as and when those benefits fell due. For each relevant period, the provisions were set at between 80% and 100% of profits before tax, respectively. The UURBS was notified to HMRC under the disclosure of tax avoidance scheme provisions. The only issue for the FTT was whether the provisions were allowable deductions. It determined that the provision of...

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