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Application for judicial review of HMRC’s treatment of a clearance application as void refused

By Mark McLaughlin, November 2020

An application for judicial review of HMRC’s decision to treat statutory clearance on a company purchase of own shares as void was refused, on the basis that an appeal to the First-tier Tribunal was a more suitable remedy. 

Summary 

An application for judicial review of HM Revenue and Customs’ (HMRC’s) decision to treat statutory clearance on a company purchase of own shares as void was refused, on the basis that an appeal to the First-tier Tribunal was a more suitable remedy. 

Background 

The first claimant (JWB) was the major shareholder in a company (the second claimant) that was the holding company of a successful trading subsidiary. When JWB had passed retirement age, it was decided that he would retire as a director to allow his son&nbsp

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