McGrevey v Revenue and Customs (INCOME TAX/CORPORATION TAX : Pension scheme) [2016] UKFTT 600 (TC) (22 August 2016)

McGrevey v Revenue and Customs (INCOME TAX/CORPORATION TAX : Pension scheme) [2016] UKFTT 600 (TC) (22 August 2016)

The refund of widows and orphans contributions paid as a lump sum is not an authorised payment under section 166 Finance Act 2004; therefore, the appellant is liable for the unauthorised payment charge under section 208, and neither HMRC nor the Tribunal has discretion to waive the charge under the relevant legislation.

Citation
[2016] UKFTT 600 (TC)
Parties
Appellant: Stephen Michael McGrevey; Respondents: The Commissioners for Her Majesty’s Revenue & Customs
Jurisdiction
United Kingdom
Judgment Date
22 August 2016
Procedural Posture
Tax Appeal / First Tier Tribunal Decision
Outcome
appeal dismissed
Legal Topics
Unauthorised Payment Charge, Refund of Pension Contributions, Finance Act 2004, Taxation of Pension Schemes
Tax Law Pensions Law Unauthorised Payment Charge Refund of Pension Contributions Finance Act 2004 Taxation of Pension Schemes

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Parties

Stephen Michael McGrevey

Appellant

The Commissioners for Her Majesty’s Revenue & Customs

Respondents

Procedural Posture

Tax Appeal / First Tier Tribunal Decision

Legal Issues

  1. 1 Whether the refund of widows and orphans contributions is an unauthorised payment under section 208 Finance Act 2004
  2. 2 Whether the appellant is liable for the unauthorised payment charge
  3. 3 Whether HMRC or the Tribunal has discretion to waive the charge

Ratio Decidendi

The refund of widows and orphans contributions paid as a lump sum is not an authorised payment under section 166 Finance Act 2004; therefore, the appellant is liable for the unauthorised payment charge under section 208, and neither HMRC nor the Tribunal has discretion to waive the charge under the relevant legislation.

Court Disposition

appeal dismissed