Franklin v Revenue and Customs Commissioners

Pension – Pension scheme - Unauthorised pension scheme. It had been just and reasonable for the Revenue and Customs Commissioners to impose an unauthorised payments surcharge on the taxpayer in circumstances where she had entered into a scheme which had involved the investment of the scheme's funds, at the taxpayer's direction, in preference shares of a finance company as part of an arrangement providing for a loan to the taxpayer from a third party lender. Accordingly, the First-tier Tribunal (Tax Chamber) dismissed the taxpayer's appeal against the imposition of the surcharge, deciding that the purpose of the scheme had been to circumvent the rules which otherwise applied to the restrictions on the use of an individual's pension funds which were not ordinarily available until the age of 55 and that the taxpayer's belief that the scheme had not contravened pension's legislation had not been based upon reasonable grounds.

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