RPC Tax Take
For tax professionals on the move
Tribunal sets aside HMRC information notice for lack of clarity
R D Utilities Ltd v HMRC  UKFTT 303 (TC)
In the recent case of R D Utilities Ltd v HMRC  UKFTT 202 (TC), heard before Judge Alison McKenna, the First–tier Tribunal (Tax Chamber) ('FTT'), set aside an information notice issued by HMRC due to its vague drafting and lack of clarity.
HMRC’s computer says no!
In Varma v HMRC  UKFTT 006 (TC), the First-tier Tribunal (Tax Chamber) ('FTT') quashed a penalty that had been issued to a taxpayer for late filing of a self-assessment tax return. This case provides interesting comments on treating taxpayers in a fair and even-handed manner, and the precariou...
A lack of goodwill for Medical Professionals
Over recent years increasing numbers of medical professionals have sought to incorporate their private practices for perceived tax advantages. By incorporating their private practices the medics have, more often than not, moved from being a sole trader to a limited company, with the sole trade busin...
Painting by numbers – Court of Appeal dismisses HMRC's appeal
The Court of Appeal has dismissed HMRC's appeal in Lord Howard of Henderskelfe's Executors v Revenue and Customs Commissioners  EWCA Civ 278 and confirmed that, as the Portrait of Omai by Sir Joshua Reynolds ('the Portrait') was a wasting asset within the meaning of section 44 Taxation of Capi...
High Court holds that HMRC's winding up petition should be dismissed as an abuse of process.
The High Court (David Donaldson QC) has held in Enta Technologies Limited v HMRC  EWHC 548 (Ch), that where a winding-up petition was brought by HMRC based on the non-payment of tax raised in assessments and the taxpayer's appeal against those assessments was pending, the winding-up court shou...
Tribunal decides that taxpayers must attempt to obtain information held by trustee!
In the recent case of H A Patel & K Patel (a partnership) v HMRC , the First-tier Tribunal (Tax Chamber) (‘FTT’) dismissed an appeal by the taxpayers that information and documents held by a trustee were not ‘in their possession or power’ for the purpose of paragraph 18, Schedule 36, Finance...
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.
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