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No trading deduction allowed for interest paid by partners rather than by the partnership

By Mark McLaughlin, October 2020

Interest incurred on loans made to two interest in possession settlements in the Isle of Man, where the loans were ultimately used in a trade carried on by a partnership between the two settlements, was not deductible from partnership trading profits. 

The appellants, UK resident property developers, used a tax avoidance scheme. In April 2005, each appellant created a settlement in the Isle of Man (IOM), the trustees of which were IOM companies. The trustees entered into a partnership in the IOM (‘Redwood’). Each partner was entitled on behalf of its settlement to 50% of the profits of Redwood. In May 2005, the trustees entered into loan agreements with a third-party lender. The monies advanced under each loan agreement were used by Redwood towards purchasing a property. 

The appellants initially contended that they were not liable to

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