Permission granted for judicial review of HMRC’s retraction of Mansworth v Jelley guidance

Following a hearing on 12 February Patterson J has granted the taxpayer (represented by Rory Mullan and Harriet Brown of Tax Chambers, 15 Old Square) leave to judicially review the decision of HMRC to withdraw its 2003 guidance on treatment of employment related share options (R (on the application of Hely-Hutchinson v HMRC).

The taxpayer is arguing that it is unfair of HMRC to withdraw its published interpretation and subsequently a different tax treatment to those tax payers subject to an enquiry. The Court accepted the submissions that there was an arguable case on the point and the substantive hearing will follow at a later date.

 12 February 2015