In Fisher v HMRC Rory Mullan (led by Philip Baker QC) represented the taxpayers before the Upper Tribunal successfully argued that an assessment to income tax under the transferor of assets abroad code (“the TOAA code”) should not apply.
The Upper Tribunal (Andrew J and Judge Poole) held that the charge should not apply on three separate grounds: that Fishers were not transferors (or quasi-transferors) within the scope of the charge; the motive defence was available; and (in relation to Steven and Anne Fisher) because the charge would be an unlawful restriction on their right of establishment under EU law.
A copy of the decision is available here
