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Licence fees were not ‘income’ following the application of the Ramsay principle

By Mark McLaughlin, June 2025

On the application of the ‘Ramsay’ principle of statutory interpretation, guaranteed licence fees receivable as part of a circular financing arrangement entered into by a partnership as part of a tax-driven financing scheme were not ‘income’ for tax purposes. 

Summary 

On the application of the ‘Ramsay’ principle of statutory interpretation, guaranteed licence fees receivable as part of a circular financing arrangement entered into by a partnership as part of a tax driven financing scheme were not ‘income’ for the purpose of statutory provisions, so neither ITTOIA 2005, s 683 nor s 687 was engaged. 

Background 

A complex arrangement (the scheme) was entered into under which the appellant partnership was intended to secure for the individual partners (of whom the individual appellant was one) a loss for income tax purposes.

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