HMRC (Appellant) v M R Currell Ltd (Respondent)

Tuesday 24 – Wednesday 25 March 2026

By Appellant’s Notice filed on 21 March 2025 the Appellant, HMRC, appeals a decision of the Upper Tribunal (Tax Chamber), delivered on 6 December 2024 following a hearing on 15 and 16 October 2024.

The Respondent had paid money into an Employee Benefit Trust, which then loaned the funds to a director. The First‑tier Tribunal held that this created taxable earnings under the Social Security Contributions and Benefits Act 1992.

The Upper Tribunal disagreed, holding that the director received a loan, repayable, not remuneration. The Upper Tribunal therefore found no taxable earnings and allowed the Respondent’s appeal. HMRC’s application for permission to appeal was refused by the Upper Tribunal.

View Hearing:

Day 1

Part 1

Part 2

Day 2

Part 1

Part 2