BlueCrest says UK no longer a serious place to do business after court loss


Billionaire Michael Plattโ€™s BlueCrest Capital Management has said the UK is โ€œno longer a serious contenderโ€ as a place to do business after losing a ยฃ200 million legal battle against the UK tax authorities.

On Wednesday, the firm lost a roughly four-year legal battle about how payouts for hedge fund traders should be taxed.

It is the latest firm to criticise UK tax policy, claiming that it is being impacted by a perceived unfair tax system.

The Supreme Court unanimously dismissed an appeal by BlueCrest in its legal battle against Her Majestyโ€™s Revenues & Customsโ€™s (HMRCโ€™s) attempts to tax its partners as employees.

The legislation specifically related to whether a member of a limited liability partnership should be considered a partner or employees in relation to income tax and national insurance contribution payments.

It ruled that most of their payments were โ€œdisguised salaryโ€, with these not based solely on the profit or losses of the partnership.

BlueCrest said after the decision it believes HMRCโ€™s published guidance โ€œwas wrongโ€.

In a statement after the ruling, BlueCrest added: โ€œBusinesses operating in the UK need to be able to rely on HMRCโ€™s guidance to organise their tax affairs with certainty.

โ€œWithout that certainty, and in an increasingly competitive global market, the UK is no longer a serious contender as a jurisdiction in which to do business.โ€

BlueCrest was founded in 2000 by Mr Platt and fellow trader William Reeves.

An HMRC spokesperson said: โ€œWe welcome the Supreme Courtโ€™s decision, which confirms how the Salaried Member Rules should be implemented. As always, we will consider if any updates should be made to our guidance in light of this judgment.โ€

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