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RPC Tax Take

For tax professionals on the move

Entrepreneurs' relief not available for disposal of syndicate capacity by a Lloyd's name

Posted on July 31, 2015 by Robert Waterson
Robert Waterson
Robert is a senior associate at RPC with 8 years’ experience in direct tax and V
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In Carver v HMRC [2015] UKFTT 0168 (TC), the First-tier Tribunal (FTT), has provided helpful guidance on the key requirements of entrepreneurs' relief (ER), under section 169H, Taxation of Chargeable Gains Act 1992 (TCGA). Background Mr Carver (the Appellant) is an underwriter at Lloyd's (a Lloyd'... read more

Late appeals: Tribunal confirms the correct approach to procedural errors in Citipost Mail v HMRC

Posted on July 24, 2015 by Nicole Kostic
Nicole Kostic
Nicole is an Associate at RPC and specialises in contentious tax work. She advis
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The approach to procedural errors, such as the late filing of appeals and non-compliance with directions, has been the subject of a number of decisions over the past 18 months. The various judicial interpretations, in particular, in Denton v White[1] and Data Select v HMRC[2], have resulted in a per... read more

Taxpayer not careless in share options case

Posted on July 16, 2015 by Robert Waterson
Robert Waterson
Robert is a senior associate at RPC with 8 years’ experience in direct tax and V
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In Alistair Norman v HMRC1, the First-tier Tribunal ("FTT") found that a taxpayer who wrongly recorded gains made after exercising a share option granted by his employer as capital, rather than income, was not "careless" for the purposes of paragraph 1(1), Schedule 24, Finance Act 2007. As the taxpa... read more

Upper Tribunal considers whether alternative arguments from HMRC require permission to appeal

Posted on July 10, 2015 by Nicholas Fernyhough
Nicholas Fernyhough
Nick Fernyhough is a Senior Associate in RPC's tax dispute resolution team, with
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An interesting procedural issue was recently considered by the Upper Tribunal ("UT") in Steven Price, John Myers and James Lucas v HMRC[1]. The UT had to consider the distinction between affirmation of a decision of the First-tier Tribunal ("FTT") on different grounds to those relied upon by the FTT... read more

Upper Tribunal confirms the FTT's decision to strike out HMRC's evidence

Posted on July 01, 2015 by Adam Craggs
Adam Craggs
Adam heads our market-leading Tax Disputes team and is an accredited mediator. H
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In HMRC v Infinity Distribution Limited (in Administration)[1], the Upper Tribunal has dismissed HMRC's appeal against that part of the decision of the First-tier Tribunal ("FTT") striking out    evidence which HMRC was seeking to introduce.   Background  Paragraph 39 of HMRC's Statement of Case ... read more

Excuses, excuses – Tribunal considers 'reasonable excuse' and allows taxpayer appeal

Posted on June 25, 2015 by Robert Waterson
Robert Waterson
Robert is a senior associate at RPC with 8 years’ experience in direct tax and V
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In Barking Brickwork Contractors Limited v HMRC[1], the First-tier Tribunal ("FTT") decided that a taxpayer had a reasonable excuse for late filing and set aside the penalties which had been charged by HMRC pursuant to Schedule 55, Finance Act 2009.   Background Mr Burling is the sole director of... read more

Appealing to the Upper Tribunal

Civil Tax Appeals

Funding tax litigation

Confiscation orders

Restraint proceedings

The role of the forensic accountant

Interviews under caution

Arrest and what happens next

Dawn raids’ and risk management

HMRC’s Criminal Powers

About this blog

Albert Einstein once remarked, on trying to complete his tax return: "This is too difficult for a mathematician. It takes a philosopher!". As tax practitioners are only too well aware, tax legislation continues to increase in length and complexity with the passing of each Finance Act. There is also a steady stream of new case law. Our hope is that, against this background, RPC Tax Take will be a useful source of current information and comment to busy practitioners. It features regular postings on the latest news and developments in UK tax law, together with a number of practical Practice Notes written by specialist lawyers at RPC.

We welcome comments and feedback – please get in touch!

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Tag Cloud

'Schedule 36' 'contempt of court' 'information notices' 'provisional liquidator' 'statutory records' 'unpaid VAT' 'winding up petition' Appealing to the Upper Tribunal Application for Security for Costs CGT CJEU CPR Careless Charities Contingent liabilities Corporation tax Costs Costs order Court of Appeal Court of Session Crown Prosecution Service Data Select Denton Discovery assessments ECJ Edwards v Bairstow Expert witness FII FTT Finality First-tier Tribunal Follower Notice Fraud GAAR HMRC HMRC failure High Court Human Rights ITEPA Income Tax Information notice; Schedule 36 Finance Act 2008 Insurance Judicial Review Jurisdiction Keary Developments Limited v Tarmac Construction Limited and another [1995] 3 All ER 534 Knauf GmbH v British Gypsum Ltd [2002] 1 WLR 907 Leeds City Council Legislation Limitation Lloyd's underwriters MTIC fraud McCarthy & Stone Mortgage NICs National Insurance Negligence Notice of Appeal Overpayment of tax PACE PAYE POCA Parliament Part 25 Civil Procedure Rules 1998 Penalty Permission to Appeal Personal Goodwill Privilege Proceeds Of Crime Act QROPS ROSIIP Ramsay Research & Development Restitution Retroactive Rule 10 Tribunal Rules Rule 18 SDLT SFO SIPP SME Schedule 55 Finance Act 2009 Section 35 Settlement Shares Specialist Personal Tax Strike out Supreme Court Switzerland Tax Evasion Trading Losses UT Upper Tribunal VAT VATA Whether trade carried out on a commercial basis agents agreement application for summons to be set aside avoidance bad faith tax evasion binding burden of proof capital allowances capital gains claimed loss relief compromise conflict of interest contract cross-border disclosure disclosure of professional relationship discovery discretion dishonesty domicile double taxation treaty duty of full and frank disclosure employment status enquiry entrepreneurs' relief evasion evidence expenses of training and ownership of a racehorse expert evidence extension of time failure to produce evidence funding group relief independence of expert information notice information notices jurisdiction to issue summons late appeal loss relief losses mediation misstatement mistake mitigation paragraphs 1 and 13 Schedule 24 Finance Act 2007 partnership penalities penalties pension scheme planning procedure provisional liquidator public law raids reasonable excuse reasonably required refund repayment residence schedule 36 section 1119 CTA 2009 section 169 TCGA 1992 section 29 TMA 1970 section 80 VATA 1994 section 85 VATA 1994 settle sham statement of case tax advice tax havens tax related penalty time limits trade ultra vires undertaking unreasonable conduct valid venture capital companies witness summons