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Deutsche Bank and UBS lose bonus tax case | Deutsche Bank and UBS lose bonus tax case |
(35 minutes later) | |
The UK Supreme Court has ruled Deutsche Bank and UBS should pay taxes on bonuses paid to their investment bankers over a decade ago. | The UK Supreme Court has ruled Deutsche Bank and UBS should pay taxes on bonuses paid to their investment bankers over a decade ago. |
The bonuses were paid to staff via offshore accounts in the form of shares to avoid attracting income tax and national insurance in 2004. | The bonuses were paid to staff via offshore accounts in the form of shares to avoid attracting income tax and national insurance in 2004. |
But HM Revenue and Customs said tax should have been paid on the bonuses. | But HM Revenue and Customs said tax should have been paid on the bonuses. |
The banks had argued that restrictions placed on the payouts meant they were not liable for tax. | The banks had argued that restrictions placed on the payouts meant they were not liable for tax. |
The Supreme Court ruled that restrictions placed on the share awards were so arbitrary, and short, that they may as well not have existed. | The Supreme Court ruled that restrictions placed on the share awards were so arbitrary, and short, that they may as well not have existed. |
Under tax rules at the time, shares attracted only a 10% capital gains tax rather than income tax and National Insurance contributions. | Under tax rules at the time, shares attracted only a 10% capital gains tax rather than income tax and National Insurance contributions. |
In the case of Deutsche Bank bonus shares were awarded to staff through a Cayman Islands company, known as Dark Blue Investments. | |
'Completely arbitrary' | |
To qualify for the bonus payout staff only had avoid being dismissed, or not resign within six weeks of receiving their bonus shares. | |
After a period of time had elapsed the shares could then be redeemed by the employees as cash. | |
In the case of UBS, the restriction placed on the share payout involved a rise in the FTSE 100 index over a three week period. | |
That scenario was deemed by the Supreme Court as "unlikely to occur". | |
The UBS scheme was described by Lord Justice Reed as "completely arbitrary" and "having no business or commercial rationale". | |
UBS has already repaid £50m in taxes, with much of that retrieved from those who benefitted from the bank's scheme. | |
Business Secretary Sajid Javid was a managing director at Deutsche Bank when the Dark Blue Investments was in operation having joined the bank in 2000. | Business Secretary Sajid Javid was a managing director at Deutsche Bank when the Dark Blue Investments was in operation having joined the bank in 2000. |
A spokesman for him had previously said Mr Javid did not personally receive a tax advantage from the Dark Blue Investment scheme. |