Latest by Adam Craggs

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Brown v InnovatorOne Plc – good news for advisers involved in tax mitigation structures

Published on 21 September 2012. By Adam Craggs, Partner

A recent judgment of the High Court in Andrew Brown and ors v InnovatorOne plc and Ors [2012] EWHC 1321 (Comm) is welcome news for professional advisers who may have acted for clients involved in the design, implementation or distribution of tax efficient arrangements.

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Information Commissioner investigates HMRC over whistleblower enquiry

Published on 21 September 2012. By Adam Craggs, Partner

An interesting article appeared in the Guardian newspaper (Thursday 7 June 2012) which reignites previous controversies, which we have commented upon, concerning ‘sweetheart deals’...

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A case of interest?

Published on 11 September 2012. By Adam Craggs, Partner

In Garnett Paul Curran v HMRC [2012] UKFTT 517 (TC), the First-tier Tribunal (‘FTT’) has given some helpful guidance on what constitutes interest...

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Claim for overpaid VAT held not to be abusive

Published on 30 August 2012. By Adam Craggs, Partner

In St Martins Medical Services Limited v HMRC [2012] UK FTT 485 (TC), the First-tier Tribunal (‘FTT’) has recently allowed a claim for overpaid VAT made by a taxpayer,...

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Composite transaction fails

Published on 30 July 2012. By Adam Craggs, Partner

In HP Schofield v HMRC [2012] EWCA Civ 927, the Court of Appeal has recently dismissed an appeal made by a taxpayer (the test case for over two hundred appeals) in relation to a tax mitigation strategy designed by PricewaterhouseCoopers (‘PwC’), which was intended to assist the taxpayer in mitigating a capital gain that would otherwise become due.

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HMRC fails in its attempt to obtain disclosure of privileged documents

Published on 21 July 2012. By Adam Craggs, Partner

The important issue of disclosure of documents in the context of litigation before the First-tier Tribunal (Tax) (‘the FTT’) was recently considered in Peter A D Fisher, Stephen D Fisher and Anne P Fisher v HMRC [2012] UKFTT 335.

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Two wrongs do not make a right – criminal convictions and stolen data

Published on 19 July 2012. By Adam Craggs, Partner

On Friday 5 July 2012 HMRC announced that a wealthy property developer, who had failed to disclose a Swiss bank account to HMRC during a civil inquiry, had pleaded guilty to the serious charge of cheating the public revenue

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HMRC – Not enough staff and too much uncollected tax

Published on 29 May 2012. By Adam Craggs, Partner

The Public Accounts Committee of the House of Commons (‘the PAC’) has published its 87th report (HC Session 2010-12) on HMRC’s Compliance and Enforcement Programme.

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Eclipse Film Partners No 35 – To trade or not to trade, that is the question!

Published on 15 May 2012. By Adam Craggs, Partner

The First-tier Tribunal (Tax Chamber) ('FTT') has recently held in Eclipse Film Partners No 35 LLP v HMRC [2012] UKFTT 270 (TC),...

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Retrospective legislation: where are we now?

Published on 09 May 2012. By Adam Craggs, Partner

I commented last year on the important decision in Huitson, in which the Court of Appeal, hearing a joined appeal from two judicial review claims,...

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Tax tribunal prevents HMRC from broadening their attack on an SDLT return

Published on 30 April 2012. By Adam Craggs, Partner

The distinction between fixtures (which form part of the land) and chattels (which do not) can have significant consequences for stamp duty land tax ('SDLT') purposes.

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Another voyage of discovery by HMRC - hypothetical ignorance?

Published on 24 April 2012. By Adam Craggs, Partner

This month saw the release of yet another discovery assessment case: Sanderson v HMRC [2012] UKFTT 207 (TC).

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No discovery – HMRC fail before the First-Tier Tribunal

Published on 19 March 2012. By Adam Craggs, Partner

HMRC's ability to raise 'discovery' assessments under section 29 of the Taxes Management Act 1970 ('TMA'), is a topical issue at the moment and there have been a number of important cases in recent months (see our previous blog here of30/01/12).

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No more 'sweetheart' deals with the taxman?

Published on 12 March 2012. By Adam Craggs, Partner

HMRC have recently announced new governance arrangements for "significant tax disputes".

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HMRC run contrary arguments before the First-tier Tribunal!

Published on 05 March 2012. By Adam Craggs, Partner

In the recent case of Cobb v HMRC [2012] UK FTT 40 (TC), the First-tier Tribunal ('FTT') said that HMRC should be able to suspend all or part of a penalty imposed for a careless inaccuracy in a tax return of an individual...

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Ending legal aid for millionaire defendants

Published on 17 January 2012. By Adam Craggs, Partner

Readers may not be aware of an extraordinary anomaly in our criminal justice system which has led to a significant drain on the legal aid fund.

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Tribunal criticises HMRC's unreasonable behaviour and awards costs to the taxpayer

Published on 09 January 2012. By Adam Craggs, Partner

In Nicholas Deluca v HMRC (TC01422) the First-tier Tribunal (Sir Stephen Oliver QC) criticised HMRC's conduct and directed that they make a contribution of half the costs incurred by Mr Deluca in connection with an HMRC enquiry into his tax return and his subsequent appeal to the Tribunal.

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Public Accounts Committee Report – HMRC criticised for 'cosy' deals

Published on 21 December 2011. By Adam Craggs, Partner

The report of the Public Accounts Committee ('the Committee') into alleged 'sweetheart' deals reached by HMRC with some of the largest companies in the UK was published yesterday.

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Goldman Sachs, Whistleblowing and HMRC – the sorry saga continues!

Published on 19 December 2011. By Adam Craggs, Partner

Osita Mba is a solicitor working at HMRC's Solicitor's Office.

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HMRC criticised again over delay in issuing late filing penalties

Published on 16 December 2011. By Adam Craggs, Partner

Readers may recall that in a recent blog I commented on the case of Hok Limited v Revenue & Customs Commissioners (TC1286) .

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More Swiss controversy!

Published on 07 December 2011. By Adam Craggs, Partner

I commented on the UK/Swiss tax deal in my blog of 26 August 2011.

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General Anti-Avoidance Rule ('GAAR') – will the 'centre ground' of tax planning be safe?

Published on 02 December 2011. By Adam Craggs, Partner

On 21 November the final report of the GAAR Study Group ('the Group'), a committee of the tax world's 'great and the good', chaired by Graham Aaronson QC, was published.

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SHIPS 2 - victory for the taxpayer!

Published on 25 November 2011. By Adam Craggs, Partner

The Supreme Court has refused HMRC's application for permission to appeal against the Court of Appeal's decision in HMRC v Mayes [2011] EWCA CIV 407, a case involving tax arrangements marketed as "Ships 2".

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An arresting development

Published on 07 November 2011. By Adam Craggs, Partner

HMRC officers have arrested a tax advisor on the very day that he was due to give evidence before the Tax Tribunal on a capital gains tax issue.

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Gaines-Cooper – the end of the road for the taxpayer

Published on 25 October 2011. By Adam Craggs, Partner

The Supreme Court, by a majority of four to one, has dismissed both appeals in the jointly heard judicial review cases of R (Davies and another) v HMRC; R (Gaines-Cooper) v HMRC [2011] UKSC 47 on 19 October 2011.

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Personal liability for directors – No escape from the taxman

Published on 07 October 2011. By Adam Craggs, Partner

One of the criticisms that is often made of the UK's complex insolvency legislation is that it is too easy for the directors of a company to put it into liquidation or administration, 'dump' the company's debts and then effectively start the same business again under the guise of a new company.

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When is a penalty unfair?

Published on 23 September 2011. By Adam Craggs, Partner

A recent tribunal case, Hok Limited v Revenue and Customs Commissioners (TC 1286) has found that HMRC did not act fairly and in good conscience where it had deliberately delayed sending out a penalty for the late filing of an employer's end of year returns until four months after the deadline had expired.

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Too easy? The UK's recent deal with the Swiss banks

Published on 26 August 2011. By Adam Craggs, Partner

The Swiss banking sector contributes 6.7% of the country's gross domestic product, almost 10% of tax revenues and provides the country with 142,000 skilled jobs.

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HMRC 'refresh' their litigation and settlement strategy

Published on 21 July 2011. By Adam Craggs, Partner

As tax practitioners will be aware, HMRC's Litigation and Settlement Strategy ('LSS') is the framework within which HMRC seeks to resolve tax disputes through civil procedures.

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New approaches to funding tax litigation

Published on 12 July 2011. By Adam Craggs, Partner

There are times when, however hard an advisor tries, a settlement with HMRC is simply not possible.

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Estate 4 Limited v HMRC – proactivity can achieve results!

Published on 04 July 2011. By Adam Craggs, Partner

We are often asked by advisors to assist them in closing down long-running enquiries by HMRC.

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RPC Practice Notes: guidance for the busy practitioner

Published on 04 July 2011. By Adam Craggs, Partner

In addition to regular updates on the latest tax news and case law developments, RPC Tax Take features Practice Notes written by specialist lawyers at RPC.

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HMRC steps up the pace with new taskforces

Published on 08 June 2011. By Adam Craggs, Partner

We have already had the offshore disclosure facility, the new disclosure opportunity, the Liechtenstein disclosure facility and the new regime for offshore penalties.

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Christopher Lunn – the saga continues!

Published on 24 May 2011. By Adam Craggs, Partner

Readers may be familiar with the ongoing saga of Christopher Lunn & Co and HMRC.

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Receipt of shares not emolument from employment

Published on 20 April 2011. By Adam Craggs, Partner

The First-tier Tribunal has decided that a transfer of shares to an employee was not an emolument from the individuals' employment for the purposes of section 19 ICTA 1988 because the office or employment was not the "active cause" of the transfer.

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New light on the Ramsay doctrine

Published on 20 April 2011. By Adam Craggs, Partner

In HMRC v Mayes [2011] EWCA Civ 407,the Court of Appeal was asked to decide whether a taxpayer was entitled to corresponding deficiency relief and/or capital gains tax loss relief under a tax avoidance structure known as "Ships 2".

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OTS publishes final report on review of tax reliefs

Published on 15 April 2011. By Adam Craggs, Partner

On 3 March 2011, the Office of Tax Simplification (OTS) published its final report on its tax reliefs review.

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Tribunal finds for taxpayer in SDLT sub-sale partnership avoidance case

Published on 15 April 2011. By Adam Craggs, Partner

The First-tier Tribunal ('FTT') has ruled in favour of the taxpayer in relation to an SDLT avoidance arrangement that relied on the transfer of rights provisions in section 45 of the Finance Act 2003 and the partnership provisions in paragraph 10 of Schedule 15 to the Finance Act 2003 - DVS3 RS Ltd v HMRC [2011] UKFTT 138.

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Court of Appeal rules no UK relief for US tax paid by parent of tick-the-box company

Published on 15 April 2011. By Adam Craggs, Partner

The Court of Appeal has upheld HMRC's appeal in Bayfine against the decision of the High Court concerning the availability of treaty relief or unilateral relief in the UK – Bayfine v HMRC [2011] EWCA Civ 304.

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Berry gilt strips tax avoidance arrangement fails on appeal to the Upper Tribunal

Published on 15 April 2011. By Adam Craggs, Partner

The Upper Tribunal (Lewison J) ('UT') has dismissed the taxpayer's appeal against the First-tier Tribunal's ('FTT') decision that he was not entitled to relief for losses suffered as a result of a gilt strip tax planning arrangement – Berry v HMRC [2011] UKUT 81.

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