Skip to content

UK's Upper Tribunal decision in Greene King: tax and accounting

Related people
Tilakapala Vimal
Vimal Tilakapala

Partner

London

View profile →

30 May 2014

The UK's Upper Tribunal has upheld the First-tier Tribunal’s (FTT’s) decision in Greene King. Planning designed to obtain a deduction with no taxable receipt was held to have failed.

While the law has changed significantly since the transactions occurred, the case provides a useful example of HMRC successfully challenging a taxpayer’s accounting treatment in order to defeat tax planning, and the Upper tribunal was unwilling to overturn the FTT’s consideration of expert evidence in this regard.

The case needs to be seen in the context of the wider ongoing debate on the relationship between accounting and tax when it comes to the taxation of debt. In particular, it upholds the principle that there can be more than one GAAP-compliant way to account for a transaction.

Read the full article written by Vimal Tilakapala and David Stainer of Allen & Overy here. The article was originally produced for Tax Journal on 9 May 2014.

Related expertise