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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. | The UK Supreme Court has ruled Deutsche Bank and UBS should pay taxes on bonuses paid to their investment bankers. |
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. |
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. |
But a judge said the UBS restrictions were "completely arbitrary". | But a judge said the UBS restrictions were "completely arbitrary". |
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. | In the case of Deutsche Bank bonus shares were awarded to staff through a Cayman Islands company, known as Dark Blue Investments. |
To qualify for the bonus payout staff only had to avoid being dismissed, or not resign within six weeks of receiving their bonus shares. | To qualify for the bonus payout staff only had to 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. | After a period of time had elapsed the shares could then be redeemed by the employees as cash. |
'Unlikely' scenario | 'Unlikely' scenario |
In the case of UBS, the restriction placed on the share payout involved "a specified rise in the FTSE 100 index" over a three week period. | In the case of UBS, the restriction placed on the share payout involved "a specified rise in the FTSE 100 index" over a three week period. |
That scenario was deemed by the Supreme Court as "unlikely to occur". | 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". | 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. | 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 scheme 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 scheme was in operation, having joined the bank in 2000. |
A spokesman for Mr Javid said: "This is a matter between Deutsche Bank and HMRC. | |
"Sajid Javid was paid with all tax deducted already. He received no benefit whatsoever from this scheme and all taxes due have been paid." | "Sajid Javid was paid with all tax deducted already. He received no benefit whatsoever from this scheme and all taxes due have been paid." |