Tax Take
Costly objection by HMRC
FTT allows costs application where HMRC acted unreasonably in opposing specific disclosure application.
Read moreUpper Tribunal upholds penalty imposed for failing to take 'corrective action' in response to a follower notice
Upper Tribunal dismisses taxpayer’s appeal against a penalty issued under the follower notice regime for failing to take corrective action, as the final judicial ruling specified in the follower notice was relevant to the arrangements the taxpayer had implemented.
Read moreTax Bites – April 2024
Welcome to the latest edition of RPC's Tax Bites – providing monthly bite-sized updates from the tax world.
Read moreTribunal allows appeals against discovery assessments
In Charles Collier and CB Collier Partnership v HMRC [2023] UKFTT 00993 (TC), the First-tier Tax Tribunal (FTT) found that the assessed loss of tax was not brought about deliberately by the taxpayers and had occurred due to carelessness. The 6-year time limit therefore applied to HMRC making assessments and amendments and, under that time limit, HMRC were out of time. The taxpayers' appeals were allowed.
Read moreV@ update - March 2024
Welcome to the March 2024 edition of RPC's V@, a monthly update which provides insightful analysis and news from the VAT world relevant to your business.
Read moreTaxpayer's appeal succeeds as HMRC failed to open enquiry in time
In Monks v HMRC [2023] UKFTT 853 (TC) the First-tier Tribunal concluded that HMRC had not opened a valid enquiry because the taxpayer didn't receive HMRC's letter until after the relevant time limit had expired.
Read moreSupreme Court provides clarity on Transfer of Assets Abroad legislation
In allowing the taxpayers' appeal, the Supreme Court determined that shareholders were not "transferors" for the purposes of the Transfer of Assets Abroad regime in the Income and Corporation Taxes Act 1988.
Read moreHome run! - Tribunal finds that taxpayer who bought and sold three properties in quick succession was not trading
Taxpayer purchasing, renovating and selling properties allowed private residence relief on capital gain and held not to be trading as property developer for tax purposes.
Read moreInternational Women's Day special – Inspiring inclusion with Tax Titan Trio
To celebrate International Women's Day 2024, we have produced a special episode of RPC's Taxing Matters podcast in which we discuss this year's campaign theme #InspireInclusion and what it means to each of our guest speakers.
Read moreTax Bites - February 2024
Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.
Read moreA look into HMRC's toolbox during a criminal investigation
HMRC has far-reaching powers it can deploy during a criminal investigation into suspected tax fraud, which include applying for and executing search warrants (colloquially referred to as a "dawn raid"), making arrests and the compulsorily obtaining information and documentation through production orders and disclosure notices/orders. A criminal investigation conducted by HMRC is one of the most stressful events a business can experience and failing to properly respond can have serious repercussions, including significant financial and reputational damage or even prison time for individuals.
Read moreV@ update - February 2024
Welcome to the February 2024 edition of RPC's V@, a monthly update which provides insightful analysis and news from the VAT world relevant to your business.
Read moreCustoms and excise quarterly update - February 2024
Welcome to the February 2024 edition of RPC's Customs and Excise Quarterly Update.
Read moreTribunal allows taxpayers' appeals against discovery assessments as company could not distribute goodwill it did not own
Tribunal allows taxpayers' appeals against HMRC discovery assessments as company could not distribute goodwill it did not own.
Read moreA whistlestop tour of the taxation of international sports and rock stars with Patrick Way KC
In this episode, RPC's Taxing Matters Host and Senior Associate in RPC's Tax Disputes team, Alexis Armitage, will be discussing the taxation of international sports and rock stars with leading silk, Patrick Way KC.
Read moreTribunal varies Schedule 36 information notice as it sought material not reasonably required by HMRC
In Parker Hannifin (GB) Ltd v HMRC [2023] UKFTT 00971 (TC), the First-tier Tribunal found that an information notice issued by HMRC, under Schedule 36, Finance Act 2008, was not invalid because it required electronic searches using a list of specified search terms but it did seek information that was legally privileged or not "reasonably required" and the notice was varied accordingly.
Read moreUpper Tribunal remits CGT appeal back to Tribunal for rehearing
In M Campbell v HMRC [2023] UKUT 265 (TCC) the Upper Tribunal (Tax chamber) remitted the taxpayers' appeals back to the First-tier Tribunal to consider the liability to capital gains tax, after the taxpayer flipped four residential properties.
Read moreTribunal allows taxpayers' appeals against discovery assessments
In Smith v HMRC [2023] UKFTT 00912 (TC), the First-tier Tribunal (FTT) allowed the taxpayers' appeals against discovery assessments, finding that a transfer of goodwill did not amount to a distribution under section 1000, Corporation Tax Act 2010 (CTA), because the goodwill was owned personally by the taxpayers.
Read moreTax Bites - January 2024
Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.
Read moreAIM higher!
In Graham Chisnall and Others v HMRC [2023] UKFTT 857 (TC), the First-tier Tribunal (FTT) held, in allowing the taxpayers' appeals, that evidence derived from the sale price of shares on the Alternative Investment Market (AIM) was more reliable than evidence provided by a valuer employed by HMRC.
Read moreExploring the World of AI with Olivia Dhein
In this episode we discuss the hot topic of artificial intelligence. We will consider what is AI, what is a large language model and how does it work, what can AI do and not do at the moment as well as some of the potential effects AI might have in the tax world. We also take a look at the recent Tax Tribunal decision in Harber v HMRC [2023] UKFTT 1007 (TC), in which false case law was generated by AI and innocently relied upon by the taxpayer and how the Tribunal dealt with this.
Read moreV@ update - January 2024
Welcome to the January 2024 edition of RPC's V@, a monthly update which provides insightful analysis and news from the VAT world relevant to your business.
Read moreTax Tribunal allows taxpayer's appeal against discovery assessment
FTT allows taxpayer's appeal against HMRC discovery assessment seeking to charge CGT on the disposal of a property between separating spouses.
Read moreCourt of Appeal considers 'main purpose' test and finds in favour of taxpayer
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Directors not liable under PLNs as HMRC failed to establish deliberate conduct by company
In Sharon Suttle and another v HMRC [2023] UKFTT 873 (TC), the Tax Tribunal allowed the taxpayers' appeals against Personal Liability Notices (PLNs) on the basis that the company did not make a deliberate inaccuracy in its returns.
Read moreTackling "Tax avoidance" this Christmas season with Sam Brodsky
As the cost of living crisis bites more than ever this year, in this special Christmas episode of RPC's Taxing Matters, we bring you some Christmas cheer by way of a light-hearted discussion of some of the potential ways you may be able to reduce your tax bill. In addition, we'll also have a quick look at Santa's tax position in the run up to Christmas and whether he might be guilty of tax avoidance … or even tax evasion!
Read moreCourt of Appeal upholds tribunal decision on the taxation of limited partnership transactions
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Tax Bites - December 2023
Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.
Read moreUT dismisses HMRC's appeal and upholds decision in relation to private residence relief
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V@ update - November 2023
Welcome to the November 2023 edition of RPC's V@, a monthly update which provides insightful analysis and news from the VAT world relevant to your business.
Read moreCustoms and excise quarterly update - November 2023
Welcome to the November 2023 edition of RPC's Customs and Excise Quarterly Update.
Read moreA day in the life of a tax adviser with Jeremy Johnson
In this episode of Taxing Matters, we are joined by Jeremy Johnson, managing director of inTAX Limited.
Read moreUpper Tribunal dismisses HMRC's appeal in respect of salaried members rules
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Tribunal confirms that payments of a punitive nature are not deductible
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NHS Trust wins judicial review claim against HMRC
NHS Trust wins judicial review claim against HMRC in respect of VAT concession.
Read moreUpper Tribunal dismisses taxpayer's appeal in substantial shareholding exemption case
In M Group Holdings Ltd v HMRC [2023] UKUT 213 (TCC), the Upper Tribunal (UT) has upheld the decision of the First-tier Tribunal (FTT), which found that a company was not entitled to benefit from the substantial shareholding exemption (SSE) given that the shareholding had only been held for eleven months, as opposed to the required twelve months. The provision of paragraph 15A, Schedule 7AC, Taxation of Chargeable Gains Act 1992 (TCGA), which extends SSE relief when assets have been transferred within a group, was found not to apply and the appellant was liable to pay just over £10M in corporation tax.
Read moreTax Bites - November 2023
Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.
Read moreTribunal finds that CGT saving was not the main purpose of wider arrangements
In Wilkinson and others v HMRC [2023] UKFTT 00695 (TC), the First-tier Tribunal (FTT) allowed the taxpayers' appeals on the basis that CGT avoidance was not the main or one of the main purposes behind a deal involving the exchange of shares in one company for shares and loan notes in another.
Read moreWhy now is the right time to get to grips with your money with Ruth Handcock and Ali Poulton
In this episode of Taxing Matters, we discuss the hot topic of financial health, wellbeing and confidence. We are currently experiencing a challenging economic climate and any guidance on this important topic is very welcome.
Read moreV@ update - October 2023
Welcome to the October 2023 edition of RPC's V@, a monthly update which provides insightful analysis and news from the VAT world relevant to your business.
Read moreTribunal allows taxpayers' application for costs against HMRC
While granting the taxpayers' application for costs, the First-tier Tribunal refused to award indemnity costs on the basis that HMRC's conduct did not merit the "stigma of an indemnity costs award".
Read moreLimitation proves to be a magic bullet for Magic Carpets
In Magic Carpets (Commercial) Ltd v HMRC [2023] TC08892, the First-tier Tribunal (FTT) held that although a taxpayer acted carelessly in implementing a tax planning arrangement involving an employee benefit trust (EBT), this carelessness did not bring about a loss of tax. HMRC's determinations were therefore out of time as they had been issued after the regular four-year limitation period had expired.
Read moreUpper Tribunal dismisses HMRC's appeal confirming that input tax is recoverable on fiscal neutrality grounds
Upper Tribunal dismisses HMRC's appeal confirming that input tax is recoverable on fiscal neutrality grounds.
Read moreTax Bites - October 2023
Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.
Read moreA Tax On Conscience? A Moral Dilemma for Non-Residents
Upholding HMRC's appeal, the Upper Tribunal held that moral obligations, specifically the need to care for close relatives, were not "exceptional circumstances" for the purposes of the Statutory Residence Test in Schedule 45 of the Finance Act 2013.
Read moreV@ update - September 2023
Welcome to the September 2023 edition of RPC's V@, an update which provides analysis and news from the VAT world relevant to your business.
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Sanctions Spotlight Session with Alice Kemp
In this episode of Taxing Matters, we are handing over the podcast baton and introducing our new host Alexis Armitage, Senior Associate in RPC's Tax Disputes Team. We couldn’t think of any better way to say our final goodbyes to the fabulous Alice other than by putting her in the hot seat to discuss the topic of the moment, sanctions.
Read moreTribunal finds in favour of taxpayer confirming that payments are consideration rather than a subsidy for expenditure
In a recent case, the Upper Tribunal found in favour of the taxpayer and confirmed that payments made for goods and services under an arm's-length contract are consideration rather than subsidy for expenditure, even when the payments are calculated to reflect such expenditure. The payments therefore do not provide grounds for HMRC to disallow the expenditure.
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