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Aberdeen Asset Management plc v HMRC

[2013] CSIH 84, [2014] STC 438 (Inner House, Court of Session — NOT a UK Supreme Court decision; original metadata court and 2017 year are incorrect)
JurisdictionUnited Kingdom
CourtCourt of Session, Inner House (Second Division), Scotland
Year2017
StatusBinding authority

Key Principle

Where an employer used an employee-benefit-trust 'discounted options' scheme to deliver bonuses through shares in offshore companies pre-funded with the bonus amounts, the shares (or the underlying cash) constituted earnings paid as readily convertible assets, so the employer was liable to account for PAYE income tax and Class 1 National Insurance contributions on them.

Area of Law

tax

Related Cases

HMRC v Tooth [2021] UKSC 17
Test Claimants in the FII Group Litigation v HMRC [2021] UKSC 31
Prudential Assurance Co Ltd v Revenue and Customs Commissioners [2018] UKSC 39

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