*Travel Document Service and another v Revenue and Customs Commissioners

Corporation tax – Loan. The taxpayers had participated in a tax avoidance scheme, involving a total return swap and the novation of loans, and they had claimed debits in respect of the scheme, for tax purposes, on the basis of the provisions concerning 'loan relationships' then contained in the Finance Act 1996. The Revenue and Customs Commissioners (HMRC) disallowed the debits, relying on the 'unallowable purpose' provision in para 13 of Sch 9 to the Act. The taxpayers appealed, contending that para 13 did not apply to deemed loan relationships. The Court of Appeal, Civil Division, in dismissing their appeals, held, among other things, that para 13 applied to deemed loan relationships and that the UT had correctly upheld the decision of the First-tier Tribunal (Tax Chamber) in favour of HMRC.

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