The Offshore Game, a TJN-supported site dedicated to looking at tax havenry in sport, published this long article about Scotland’s Rangers football club yesterday. It is important not just for the interests involved, but because of principles at stake, not least concerning discretionary trusts (see our primer on trusts here.)
Update: UK barrister Jolyon Maugham has commented on this case, on Radio Scotland. He said he expects this case to be successfully appealed (we disagree) but he added, dramatically:
“If this decision is not appealed to the Supreme Court or the Supreme Court decides in HMRC’s favour on an appeal, it will knock out almost all if not all employee benefit trust planning. So it is an incredibly powerful decision.”
He added that he thought there would be rather more than 5,000 such schemes in operation in the UK: so this is indeed a big deal.
We should add as something of a riposte to Maugham (who wasn’t very specific about the reasons why he expects the case to be successfully appealed) that public opinion has shifted decisively in this area, and Supreme Court judges do pay great attention to the public mood.
See also the January 2015 Taxcast on the Rangers offshore disaster.
Anyway, the following article also reminds us of how this kind of stuff – tax dodging via offshore arrangements – distorts competition in markets – as we explained recently. Here’s the OG article, in full.

Ibrox Stadium: Creative Commons licence from Diego Sideburns https://www.flickr.com/photos/diego_sideburns/
RANGERS LOSE THE BIG TAX CASE – WHAT NOW?
Today, the Court of Session in Scotland ruled in favour of Her Majesty’s Revenue and Customs in the Big Tax Case. The Big Tax Case was a challenge to Rangers’ use of an offshore tax avoidance scheme to pay its players. Continue reading “Rangers lose the big tax case: what now?” →