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Tax take

Publication

V@ update - May 2022

Published on 26 May 2022. By Adam Craggs, Partner and Rebekka Sandwell, Senior Associate

Welcome to the May 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

Centre of vital interests tiebreaker test saves taxpayer over £10 million

Published on 25 May 2022. By Constantine Christofi, Senior Associate

High net worth individual on right side of centre of vital interests tiebreaker test.

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Publication

Customs and excise quarterly update - May 2022

Published on 24 May 2022. By Adam Craggs, Partner and Michelle Sloane, Partner

Welcome to the May 2022 edition of RPC's Customs and Excise Quarterly Update. In order to enhance your reading experience, we have adapted the format. We hope you like it

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Podcast

The Case of The Missing Crypto

23 May 2022

What should you do if your crypto is stolen?

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Blog

HMRC's civil and criminal powers

Published on 19 May 2022. By Adam Craggs, Partner and Constantine Christofi, Senior Associate

HMRC has been provided with extensive and wide-ranging powers, which have increased exponentially in recent years. This article considers HMRC’s main investigatory and assessment powers, by reference to its general enquiries, as well as specific/aspect enquiries, including criminal investigations.

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Blog

Accounting rules prevail following HMRC loss in the Supreme Court

Published on 18 May 2022. By Keziah Mastin, Associate

Dismissing an appeal by HMRC, the Supreme Court in HMRC v NCL Investments Ltd and another [2022] UKSC 9, held that deductions for corporation tax purposes are allowable for grants of employee share options.

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Publication

Corporate tax update - May 2022

Published on 11 May 2022. By Ben Roberts, Partner

Welcome to the latest edition of our Corporate Tax Update, written by members of RPC's tax team.

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Blog

Tax Tribunal confirms documents sought by HMRC were legally privileged

Published on 11 May 2022. By Rebekka Sandwell, Senior Associate

In Colin Wiseman v HMRC [2022] UKFTT 00075 (TC), the First-tier Tribunal (FTT) confirmed that certain documents which were requested by HMRC under paragraph 1, Schedule 36, Finance Act 2008, were subject to legal professional privilege (LPP) and should not be disclosed.

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Podcast

The Asset Tracing Investigator: Following the money

09 May 2022

Have you ever wondered what happens behind the scenes of an investigation?

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Publication

Tax Bites - May 2022

Published on 05 May 2022. By Adam Craggs, Partner and Constantine Christofi, Senior Associate

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

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Blog

Changes made to top slicing relief held not to apply retrospectively

Published on 04 May 2022. By Constantine Christofi, Senior Associate

Changes introduced by Finance Act 2020 to top slicing relief are not retrospective in effect.

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Publication

V@ update - April 2022

Published on 28 April 2022. By Adam Craggs, Partner and Rebekka Sandwell, Senior Associate

Welcome to the April 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

Tribunal erred in law by refusing HMRC's application to strike out taxpayer's appeal

Published on 27 April 2022. By Alexis Armitage, Associate

The Upper Tribunal has held that the First-tier Tribunal erred in law by striking out HMRC's application to strike out a taxpayer's appeal of a decision by HMRC to deny Input VAT on the basis of no reasonable prospect of success.

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Podcast

Challenging tax avoidance

25 April 2022

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The tax gap refers to the difference between the amount of tax that should, in theory, be paid to HMRC, and what is actually paid. To help narrow this gap, HMRC has been granted a number of powers over the years, including those aimed at tackling tax avoidance.

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Blog

Taxpayer successfully appeals information notices as information requested not reasonably required

Published on 20 April 2022. By Keziah Mastin, Associate

Allowing an appeal against HMRC's information notices, the First-tier Tribunal in Yerou and another v HMRC [2022] UKFTT 79 (TC), found that the information was not reasonably required.

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Blog

Tax Tribunal dismisses third party application for disclosure of documents

Published on 13 April 2022. By Rebekka Sandwell, Senior Associate

In Cider of Sweden Ltd v HMRC and another [2022] UKFTT 00076 (TC), the First-tier Tribunal (FTT) dismissed an application by Ernst & Young LLP (EY) for disclosure of documents which related to appeal proceedings before the FTT between Cider of Sweden Ltd (CSL) and HMRC.

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Podcast

Does the Economic Crime Act really have teeth?

11 April 2022

In March 2022, the Economic Crime Transparency and Enforcement Act came into force after it was fast-tracked through Parliament in response to urgent calls for the UK's economic crime laws to be tightened.

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Publication

Tax Bites - April 2022

Published on 07 April 2022. By Adam Craggs, Partner and Constantine Christofi, Senior Associate

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

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Blog

Tribunal confirms TV presenter  not subject to IR35 rules

Published on 06 April 2022. By Constantine Christofi, Senior Associate

IR35 does not apply where a significant number of factors make it clear that a presenter "was in business on his own account".

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Publication

V@ update - March 2022

Published on 31 March 2022. By Adam Craggs, Partner and Rebekka Sandwell, Senior Associate

Welcome to the March 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

Tribunal confirms that certain studies and project management costs relating to offshore windfarms qualify in part for capital allowances

Published on 30 March 2022. By Alexis Armitage, Associate

The First-tier Tribunal has confirmed that certain studies and project management costs relating to offshore windfarms qualify in part for capital allowances.

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Podcast

What can HMRC do with your information?

28 March 2022

In previous episodes we have discussed the myriad of ways HMRC collects information on individuals and businesses. Whether through international agreements, information provided on a voluntary basis, as a consequence of a legal duty to report, or through its information gathering powers, the Revenue holds an abundance of information relating to taxpayers.

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Blog

No tax due on transfer of business to connected company

Published on 23 March 2022. By Keziah Mastin, Associate

The First-tier Tribunal in Conran and another v HMRC [2022] UKFTT 39 (TC), concluded that the transfer of a business between connected parties resulted in no capital gains tax liability for the seller, having reduced the stated £8.25m valuation of the business to £1 for tax purposes.

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Blog

Matchmaking services were subject to special place of supply rule for B2C consultancy services

Published on 16 March 2022. By Rebekka Sandwell, Senior Associate

In Gray & Farrar International LLP v HMRC [2021] UKUT 293 (TCC), the Upper Tribunal (UT) decided that matchmaking services supplied to clients outside the EU fell within Article 59(c) of Council Directive 2006/112/EC (the Principal Directive) and were therefore outside the scope of VAT.

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Podcast

Cum-Ex: a multi-billion tax trading scandal

14 March 2022

In a much-anticipated podcast we revisit the multi-billion tax trading scandal known as Cum-Ex, and consider recent developments and discuss why this rapidly expanding cross-border tax fraud remains of interest 5 years after it was first exposed.

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Blog

Payments to employees were "relevant motoring expenditure" and should be disregarded for the purposes of NICs

Published on 09 March 2022. By Constantine Christofi, Senior Associate

In Willmott Dixon Holdings Ltd v HMRC [2022] UKFTT 6 (TC) the First-tier Tribunal (FTT), held that payments to employees were "relevant motoring expenditure" (RME) and could be disregarded for the purposes of Class 1 National Insurance Contributions (NICs).

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Publication

Tax Bites - March 2022

Published on 03 March 2022. By Adam Craggs, Partner and Constantine Christofi, Senior Associate

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

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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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Podcast

The legal landscape of crypto fraud

28 February 2022

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In a follow up to the episode "Blockchain: Revolutionary technology… or the perfect opportunity for fraudsters", we are delighted to be joined by Michael Goodwin QC to delve deeper into the legal landscape of crypto fraud.

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Publication

V@ update - February 2022

Published on 24 February 2022. By Adam Craggs, Partner and Rebekka Sandwell, Senior Associate

Welcome to the February 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

No power for HMRC to issue partial closure notice without assessment of tax due

Published on 23 February 2022. By Keziah Mastin, Associate

The Court of Appeal has confirmed that HMRC cannot issue a partial closure notice without assessment of tax due.

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Publication

Customs and excise quarterly update - February 2022

Published on 22 February 2022. By Adam Craggs, Partner and Michelle Sloane, Partner

In this update we report on (1) a new customs consultation launched by the government; (2) HMRC's updated guidance on pre-clearance checks; and (3) stage three of Brexit customs changes. We also comment on three recent cases relating to (1) HMRC's failure to issue assessment notices within the statutory timeframe for excise duty; (2) the customs classification of the Rough Terrain Vehicle X900; and (3) the customs classification of certain TV stands.

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Blog

Expenses incurred in defending partners against criminal charges were incurred "wholly and exclusively" for the business and were deductible

Published on 16 February 2022. By Rebekka Sandwell, Senior Associate

In TR, SP and SR Rogers v HMRC [2021] UKFTT 0458 (TC), the First-tier Tribunal (FTT) decided that expenses incurred defending two of the partners of a partnership against criminal charges were incurred wholly and exclusively for the business of the partnership and the expenses were therefore deductible.

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Podcast

Supporting mid-sized businesses in a challenging landscape

14 February 2022

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In the first Taxing Matters episode of 2022, we are delighted to be joined by special guest Margaret Mousley, Deputy Director at HMRC.

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Blog

Tribunal reduces scope of Schedule 36 Information Notices

Published on 09 February 2022. By Michelle Sloane, Partner

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HMRC bears the burden of proof that the information requested to check a taxpayer's tax position, as set out in Schedule 36 information notices, is reasonably required and that records requested are statutory records.

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Publication

Tax Bites - February 2022

Published on 03 February 2022. By Adam Craggs, Partner and Constantine Christofi, 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

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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Publication

V@ Update – January 2022

Published on 27 January 2022. By Adam Craggs, Partner and Rebekka Sandwell, Senior Associate

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Welcome to the January 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

Quinn – Taxpayer entitled to claim enhanced research and development relief

Published on 26 January 2022. By Rebekka Sandwell, Senior Associate

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In Quinn (London) Ltd v HMRC [2021] UKFTT 0437 (TC), the First-tier Tribunal (FTT) allowed the taxpayer's appeal against HMRC's decision to refuse its claims for enhanced research and development relief (enhanced R&D relief), on the basis that the claimed expenditure was “subsidised” within the meaning of section 1138(1)(c), Corporation Tax Act 2009 (CTA 2009).

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Blog

Minstrell Recruitment – HMRC not required to disclose the names of its officers involved in a Gross Payment Status revocation decision

Published on 19 January 2022. By Constantine Christofi, Senior Associate

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In Minstrell Recruitment Ltd v HMRC [2021] UKFTT 0344 (TC), the First-tier Tribunal (FTT) held that HMRC need not disclose the names of the HMRC officers involved in making a gross payment status (GPS) revocation decision where that decision had been successfully appealed, for the purpose of determining whether HMRC had acted unreasonably in the conduct of that appeal.

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Publication

Corporate tax update – January 2022

Published on 13 January 2022. By Ben Roberts, Partner

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Welcome to the latest edition of our Corporate Tax Update, written by members of RPC's tax team. As this edition is the first of the New Year we hope that you, your family and friends had a restful and enjoyable end to 2021.

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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

Kishore – Court of Appeal rejects HMRC's strike out application

Published on 05 January 2022. By Rebekka Sandwell, Senior Associate

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In HMRC v Dhalomal Kishore [2021] EWCA Civ 1565, the Court of Appeal rejected HMRC's application to strike out the taxpayer's grounds of appeal against penalties for inaccuracies in VAT returns, as the application was an abuse of process.

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Blog

Quarterly Contentious Tax Review – Winter 2021

Published on 22 December 2021. By Adam Craggs, Partner and Constantine Christofi, Senior Associate

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HMRC has extensive powers to require information and documentation from taxpayers. These powers were bolstered in the last Finance Act to include financial institution notices. Failure to comply with information notices can attract penalties. The most severe penalties are those imposed by the Upper Tribunal (UT). We examine, below, HMRC's increasing use of these powers, together with HMRC's penchant for 'nudge' letters and recent developments in the application of the transfer of assets abroad (TOAA) provisions.

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Podcast

Reputation management: the vital difference between reacting and responding

20 December 2021

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Warren Buffet once quipped, "It takes 20 years to build a reputation and only 5 minutes to ruin it". The potential impact of reputational damage can be significant during litigation, or a commercial dispute. Understanding when to react and how to respond, can make all the difference.

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Blog

The Medical Defence Union – insurance premium rebates not taxable receipts

Published on 15 December 2021. By Constantine Christofi, Senior Associate

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Insurance premium rebate does not count as a taxable receipt, but instead is merely a (non-taxable) refund to the mutual fund for the benefit of its members.

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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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Podcast

Blockchain: Revolutionary technology… or the perfect opportunity for fraudsters

06 December 2021

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In recent times it seems that the word crypto, and the underlying blockchain technology associated with it, is on everyone’s lips. From Elon Musk's effect on the price of Bitcoin to non-fungible tokens in the art world, the debate rages over whether blockchain will revolutionise the world or lead to the dismantling of the existing order.

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Publication

Tax Bites - December 2021

Published on 02 December 2021. By Adam Craggs, Partner and Constantine Christofi, 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. As always, if there are any areas you would like more information on (or if you have any questions or feedback), please let us know or get in touch with your usual RPC contact.

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Blog

Vitol Aviation – Tribunal directs HMRC to issue closure notices where diverted profits tax review periods are ongoing

Published on 01 December 2021. By Rebekka Sandwell, Senior Associate

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In Vitol Aviation UK Ltd and others v HMRC [2021] UKFTT 0353 (TC), the First-tier Tribunal (FTT) granted the Applicants' application for closure notices in respect of corporation tax enquiries, notwithstanding that the review periods for diverted profits tax (DPT) notices were ongoing in respect of the same accounting periods.

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