Case tracker—judgments handed down in 2020—pensions
Case tracker—judgments handed down in 2020—pensions

The following Pensions practice note provides comprehensive and up to date legal information covering:

  • Case tracker—judgments handed down in 2020—pensions
  • Contributions in specie
  • Commissioners for HMRC v Sippchoice
  • Discrimination
  • R (on the application of Delve and another) v Secretary of State for Work and Pensions
  • Safeway v Newton
  • Carter v Chief Constable of Essex Police
  • Forfeiture/suspension of pensions
  • R (on the application of British Medical Association) v Secretary of State for Health and Social Care
  • GMP indexation
  • More...

The entries in this tracker are organised by topic. These topics are listed in the Table of Contents (to the left of the page).

Contributions in specie

Commissioners for HMRC v Sippchoice

Case information:
  1. Full name: The Commissioners for Her Majesty’s Revenue & Customs v Sippchoice Ltd

  2. Citation: [2020] UKUT 0149 (TCC)

  3. Court: Upper Tribunal (Tax and Chancery Chamber)

  4. Judgment date: 12 May 2020 [Heard on 28 February 2020]


Representation:
  1. Charles Bradley of counsel (instructed by the General Counsel and Solicitor to HMRC) for the Appellants (HMRC)

  2. Rebecca Murray of counsel for the Respondent (Sippchoice Ltd)


News Analysis: Upper Tribunal finds in-specie pension contributions are not entitled to tax relief—the final word?
Key take-away:

Overturning the judgment of the First-tier Tribunal (FTT), the Upper Tribunal held that contributions in specie (such as a share transfer made under a legally binding agreement) are not ‘contributions paid’ within the meaning of section 188(2) of the Finance Act 2004 (FA 2004). The share transfers that were the subject of the case therefore did not qualify for relief from income tax.
Facts:

Four members of a Self-Invested Pension Plan (SIPP) entered into a legally binding agreement to make contributions to the SIPP in the form of share transfers. The SIPP claimed that the share transfers (which were contributions in specie) were ‘contributions paid’ within the meaning of FA 2004, s 188(2) and

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