Commissioners for HM Revenue and Customs v Fisher and Another; HMRC v Fisher (No 2)

Why It Matters

The court’s demand for itemised figures and legal clarity will determine the scale of potential tax liabilities for the taxpayers and could shape how HMRC attributes company profits to individuals, with wider implications for future tax assessments and the legitimacy of administrative concessions. This procedural step also signals judicial scrutiny of precedent on statutory interpretation and Revenue practice.

Summary

In a procedural hearing in Commissioners for HM Revenue and Customs v Fisher, the court pressed HMRC to produce a detailed table showing the additional income tax it seeks from each taxpayer for each year linked to profits of SJG, including the proportion of profits attributed to each individual. The judge asked parties to clarify the precise legal transfers at issue (shareholdings versus corporate assets) and the statutory basis for the assessments, specifically whether they arise under subsection 2 or 3 of section 739. Counsel also debated prior authority, notably Mr Justice Walton’s critiques of the Revenue’s ‘revenues approach’ and the law on extraordinary concessions, and discussed how consolidation principles affect statutory interpretation. HMRC agreed to provide the figures soon after the hearing so the court can assess the revenue’s approach in practice.

Original Description

Commissioners for His Majesty's Revenue and Customs (Respondent) v Fisher and another (Appellants)

UKSC/2021/0212

https://www.supremecourt.uk/cases/uksc-2021-0212.html

Commissioners for His Majesty's Revenue and Customs (Appellant) v Fisher (Respondent) No 2

UKSC/2021/0213

https://www.supremecourt.uk/cases/uksc-2021-0213.html

Hearing date: 20 July 2023

Session: Morning session [Session 3 of 4]

Judgment date: 22 November 2023

Neutral citation: [2023] UKSC 44