The Upper Tribunal has ruled that double tax treaty relief is not available for a taxpayer's share of profits of a Delaware LLC. This contradicted the decision of the First-tier Tribunal in the anonymised decision in this case (under the name Swift). (HMRC v Anson [2011] UKUT B21 (TCC).)

The Upper Tribunal decision (see, Legal update, No treaty relief for Delaware LLC profit share) has been upheld by the Court of Appeal.