Q&A: UBS v HMRC: who should settle an employee’s tax liability?

The Upper Tribunal decision in UBS v HMRC UT/2021/000192 relates to a dispute over an employee’s tax liability on earnings in the form of gilts which had been provided by the employer UBS. The issue concerned who should settle this liability and a refusal by HMRC to exercise ITEPA 2003 s 684(7A) to remove that responsibility from UBS and move this to be settled by the employee personally.

Reading the case it looks like HMRC was caught on the back foot by these proceedings and that the department attempted to remove the decision that had been made that ruled the duty should be settled by UBS. HMRC was not granted the right to remove from the proceedings on the basis that a new inspector had been assigned to review the case and make a new decision over the exercise of the discretion. The court decided that the original...