Judge Roger Berner, Ms Gill Hunter (Tribunal member)
Decision released 12 September 2016
Income tax – Pension scheme – Unauthorised payments charge – Finance Act 2004 (‘FA 2004’), s. 208 – Unauthorised payments surcharge – FA 2004, s. 209 – Scheme to extract funds from a SIPP and to provide member with access to funds by loans and investment management – Whether transfers of funds were unauthorised member payments – FA 2004, s. 160(2).
The First-tier Tribunal found that an unauthorised member payment could include a payment held on constructive or resulting trust for the payer.
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