Latest by Harry Smith

Publication

V@ update - June 2022

Published on 30 June 2022. By Adam Craggs, Partner and Harry Smith, Senior Associate

Welcome to the June 2022 edition of RPC's V@, an update which provides analysis and news from the VAT world relevant to your business.

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Blog

HMRC misses penalty

Published on 02 March 2022. By Harry Smith, Senior Associate

HMRC penalty for EBT use successfully appealed as no deliberate or careless conduct leading to inaccuracy in tax return

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Blog

Entrepreneurs' relief applied to disposal of business premises

Published on 02 February 2022. By Harry Smith, Senior Associate

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Entrepreneurs' relief (now Business Asset Disposal Relief) applies to disposal of premises as part of long-term sale of business

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Blog

JTC - Escrow agreement set aside on basis of mistake

Published on 12 January 2022. By Harry Smith, Senior Associate

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Rescission granted of pension arrangements with tax impact due to incorrect advice for temporary UK non-resident moving to UAE.

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Blog

GB Fleet Hire - Upper Tribunal allows appeal against First-tier Tribunal strike out decision

Published on 08 December 2021. By Harry Smith, Senior Associate

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In a rare move, the Upper Tribunal overturned the decision of the First-tier Tribunal to strike out an appeal on the grounds that the tribunal's decision was irrational.

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Publication

HMRC issues 'nudge' letters to recipients of foreign investment income

Published on 05 November 2021. By Adam Craggs, Partner and Harry Smith, Senior Associate

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HMRC is targeting taxpayers who received foreign investment income in 2019/20, and who, HMRC believes, claimed foreign tax credit relief incorrectly, or at the wrong rates. HMRC has issued 'nudge' letters to taxpayers encouraging them to reconsider their tax position.

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Blog

GC Field & Sons Ltd – SDLT discovery assessments held to be invalid

Published on 03 November 2021. By Harry Smith, Senior Associate

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Discovery underlying discovery assessment for SDLT planning valid despite change of underlying reasoning, but taxpayer not negligent so appeal upheld.

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Publication

HMRC issues 'nudge' letters to non-doms for suspected unpaid tax

Published on 28 September 2021. By Adam Craggs, Partner and Harry Smith, Senior Associate

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HMRC is targeting wealthy UK tax residents claiming a non-UK domicile who may not have paid the remittance basis charge. HMRC has issued hundreds of 'nudge' letters to taxpayers encouraging them to reconsider their tax position.

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Blog

KSM Henryk Zeman - Tribunal can consider 'legitimate expectation' arguments in VAT appeal

Published on 22 September 2021. By Harry Smith, Senior Associate

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Taxpayer can bring legitimate expectation/judicial review arguments in appeal against HMRC decision on VAT in First-tier Tribunal – a new step in tax litigation.

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Blog

Haworth - Supreme Court upholds decision to quash follower notice

Published on 01 September 2021. By Harry Smith, Senior Associate

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Follower Notice judicial review upheld by Supreme Court even in tax avoidance context; restrictive requirements imposed for issue of follower notices.

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Publication

Tax Bites - August 2021

Published on 05 August 2021. By Adam Craggs, Partner and Harry Smith, Senior Associate

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Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.

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Blog

Walewski - Mixed partnership rules mean profit can be reallocated for whole period of account

Published on 04 August 2021. By Harry Smith, Senior Associate

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Corporate member tax planning ineffective as profits allocated to partner in partnership for period during which it was a partner under mixed partnership rules.

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Blog

Aozora - Unilateral credit for US withholding tax allowed even where no treaty relief available

Published on 30 June 2021. By Harry Smith, Senior Associate

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US UK double tax treaty and associated UK legislation interpreted to give unilateral credit for withholding tax suffered on interest income.

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Blog

Comtek – Counteraction steps taken after Follower Notice deadline can reduce penalty

Published on 26 May 2021. By Harry Smith, Senior Associate

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Follower notice penalty for SDLT scheme follower notice reinstated but reduced by Upper Tribunal, and guidance given as to meaning of 'counteraction' in APN / accelerated payment notice context.

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Blog

Balhousie - sale and leaseback does not constitute disposal of 'entire interest' in property

Published on 28 April 2021. By Harry Smith, Senior Associate

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In Balhousie Holdings Ltd v HMRC [2021] UKSC 11, the Supreme Court allowed the taxpayer’s appeal, holding that a sale and leaseback was not a disposal of the taxpayer’s ‘entire interest’ in a care home and accordingly HMRC was not entitled to claw back the benefit of the VAT zero-rating that had applied when the taxpayer acquired the home.

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Publication

Tax Bites - April 2021

Published on 01 April 2021. By Adam Craggs, Partner and Harry Smith, Senior Associate

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Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.

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Blog

Ball Europe - Accounting entry not included in tax return sufficient to preclude discovery assessment

Published on 30 March 2021. By Harry Smith, Senior Associate

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In Ball Europe Ltd v HMRC [2021] UKFTT 23 (TC), the First-tier Tribunal (FTT) has held that the presence of amounts in a taxpayer's accounts but not its tax return was sufficient for a 'hypothetical officer' of HMRC reasonably to be expected to be aware of a tax insufficiency and this prevented HMRC from issuing a valid discovery assessment

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Publication

Tax Bites - March 2021

Published on 04 March 2021. By Adam Craggs, Partner and Harry Smith, Senior Associate

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Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.

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Blog

SSE Generation – Taxpayer's capital allowances victory marred by procedural issue

Published on 03 March 2021. By Harry Smith, Senior Associate

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In HMRC v SSE Generation Ltd [2021] EWCA Civ 105, the Court of Appeal (CA) upheld the Upper Tribunal's (UT) decision that expenditure on parts of a hydroelectric power scheme was eligible for capital allowances, save for one element in respect of which the taxpayer had failed to seek permission to appeal part of the First-tier Tribunal's (FTT) decision.

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Blog

Sanctions – A New World?

Published on 26 February 2021. By Robert Waterson, Partner and Harry Smith, Senior Associate

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The new UK sanctions regime (SAMLA) replaces EU sanctions in the UK, and sits alongside UN sanctions and US sanctions as a factor for businesses to consider in planning their anti-corruption and compliance matters. In particular it can impose trade sanctions, travel sanctions and financial sanctions, with tough financial penalties for non-compliance.

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Publication

Tax Bites - February 2021

Published on 04 February 2021. By Adam Craggs, Partner and Harry Smith, Senior Associate

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Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.

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Blog

Rialas: UT dismisses HMRC's appeal in transfer of assets abroad case

Published on 03 February 2021. By Harry Smith, Senior Associate

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Taxpayer succeeds in defending HMRC appeal against transfer of assets abroad / TOAA regime application; anti-avoidance measures did not apply, held the Upper Tribunal.

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Blog

Eurochoice: Company and its director held jointly and severally liable for HMRC's costs

Published on 06 January 2021. By Harry Smith, Senior Associate

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In Eurochoice Ltd v HMRC [2020] UKFTT 449 (TC), the First-tier Tribunal (FTT) has held that a company and its director are jointly and severally liable for HMRC's costs in circumstances where only the company was party to the appeal proceedings.

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Publication

Tax Bites - December 2020

Published on 03 December 2020. By Adam Craggs, Partner and Harry Smith, Senior Associate

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Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.

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Blog

Osborne: Tribunal takes a dive into allowable expenditure

Published on 25 November 2020. By Harry Smith, Senior Associate

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In Robert John Osborne v HMRC [2020] UKFTT 373 (TC), the First-tier Tribunal (FTT) held that expenditure on fitness training was allowed because it was wholly and exclusively incurred for the purpose of the taxpayer's occupation as a saturation diver.

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Blog

HMRC issues nudge letters targeting residence and domicile

Published on 16 November 2020. By Harry Smith, Senior Associate and Adam Craggs, Partner

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In an extension of its 'nudge' letters campaign, HMRC is writing to wealthy taxpayers encouraging them to bring their tax affairs into line.

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Publication

Tax Bites - November 2020

Published on 05 November 2020. By Adam Craggs, Partner and Harry Smith, Senior Associate

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Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.

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Blog

Kickabout Productions - HMRC wins IR35 re-match

Published on 16 September 2020. By Harry Smith, Senior Associate

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In Kickabout Productions Ltd [2020] UKUT 216 (TCC), the Upper Tribunal (UT) has allowed HMRC's appeal and confirmed that the relationship between a radio station and one of its sports presenters fell within the IR35 regime.

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