Supreme Court: payments to settle regulatory investigations are not tax deductible
ScottishPower ruling means that redress agreed in place of a fine is taxed like the fine itself
October 23, 2026
Supreme Court: payments to settle regulatory investigations are not tax deductibleScottishPower ruling means that redress agreed in place of a fine is taxed like the fine itselfOctober 23, 2026 On 21 October 2026, the Supreme Court unanimously ruled in HMRC’s favour in ScottishPower (SCPL) Ltd and others v HMRC [2026] UKSC 35, reversing the Court of Appeal. Around £28 million that ScottishPower paid to customers and charities under settlements with Ofgem is not deductible for corporation tax. Two points matter most. First, penalties are not deductible because they are not incurred “wholly and exclusively for the purposes of the trade”. A business that pays a penalty is answering for a breach, not carrying on its trade. Second, the same applies to payments akin to penalties. Payments agreed with a regulator to avoid a fine are treated as the fine, even if the money goes to customers or charities and even where part of it compensates those affected. Taxpayers who relied on the Court of Appeal’s more generous approach since January 2025 can no longer do so. What should I do?Businesses that have settled, or are settling, regulatory or legal claims should:
What else do I need to know?The findings of the Supreme Court are not limited to the energy sector. It is likely to apply to settlements with any regulator that can impose penalties, such as the FCA, the CMA and the ICO. Arguing that a regulatory breach was an unavoidable consequence of trading is unlikely to succeed. We expect HMRC to rely on the ruling in open enquiries involving settlement payments, including civil litigation settlements. Businesses should be ready to explain clearly why their payments are not akin to penalties. Further informationFor further information on the tax treatment of settlement and redress payments, please contact any of the members of Eversheds Sutherland’s team set out below. Latest InsightsLatest News
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