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One of ETC’s directors, Andy Wood, had an article published in a recent edition of Taxation Magazine.
The article considered the facts and implications of the Supreme Court’s decision in the Derry case.
Even by tax standards, this case is not a particularly exciting one. It is rather technical and focuses on the correct procedures for opening enquiries in to returns and claims for tax relief.
However, it illustrates that there are many aspects of the UK tax system in need of simplification. This is despite the fact that the tax law re-write project commenced some twenty years and finished almost a decade ago.
It seems that the Supreme Court is in agreement that, although tax does not need to be taxing, it rather clearly is!
Despite Mr Derry’s involvement in a tax avoidance scheme, Lord Carnwath, one of the five SC justices hearing the case, was not prepared to undertake “legal archaeology” to help HMRC out of its hole.
If you would like to read the full Taxation article then this can be found here.
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