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Abstract
HMRC has now decided to interpret the Anson decision narrowly and maintain the status quo so as not to upset the apple cart. In July, the UK's highest authority court of appeal, the Supreme Court, released its eagerly anticipated judgment in the final stage of the Anson (Anson (Appellant) v Commissioners for Her Majesty's Revenue and Customs ( Respondent) [2015] UKSC 44 ) line of cases. Since the case was first heard by the First Tier Tribunal in 2010, a question mark has existed over the status of Delaware LLCs for UK tax purposes. Contrary to appellant George Anson's argument, which he eventually won, historically HM Revenue & Customs (HMRC) had maintained that LLCs were opaque for UK tax purposes and Anson represented the chance for some clarity on this and potentially on entity classification more generally. Unfortunately the judgment has not provided the much hoped-for clarity. Instead, it has raised various material uncertainties as to the status of Delaware LLCs, and possibly other overseas entities, for UK tax purposes.