Tax Take
Review letter from HMRC should be read as cancelling discovery assessment
In Easinghall Limited v HMRC [2016] UKUT 105 (TCC), the Upper Tribunal (UT) has confirmed that where an agreement has been reached with HMRC under section 54, Taxes Management Act 1970 (TMA 1970), it cannot commence an enquiry or issue a discovery assessment unless they concern an issue which was not the subject of the agreement.
Read moreTribunal rules HMRC's enquiry invalid
In Revell v HMRC [2016] UKFTT 97, the First-tier Tribunal (FTT) held that a purported enquiry by HMRC into an unsolicited tax return was invalid and allowed the taxpayer's appeal.
Read moreBusinesses need to ensure that they do not unwittingly facilitate tax evasion
The Panamanian law firm Mossack Fonesca and the so called 'Panama Papers' have dominated headlines in recent days.
Read moreTax update
On 1 February 2016, HMRC took the unusual step of publishing draft regulations through the CIOT (rather than its own) website.
Read moreVAT update
Next steps following the change to the reduced rate of VAT for energy saving materials
Read moreSupreme Court considers the Ramsay principle in UBS and DBG Services
In UBS AG v HMRC and DB Group Services (UK) Ltd v HMRC [2016] UKSC 13, two cases which were heard together, the Supreme Court found in favour of HMRC by applying the so-called Ramsay principle[1].
Read moreCourt of Appeal confirms that HMRC must comply with rules and directions issued by the tax tribunals
The following is based on an article first published in Tax Journal on 8 March 2016.
Read moreHigh court grants summary judgment against HMRC in FII Group Litigation claims
In the recent case of Evonik Degussa UK Holdings Ltd & Ors v Revenue And Customs [2016] EWHC 86 (Ch), the High Court granted a number of claimants summary judgment in relation to part of their claims in the Franked Investment Income Group Litigation (FII Group Litigation).
Read moreTribunal quashes HMRC's decision to require security from the taxpayer
In Half Penny Accountants Ltd v HMRC [2016] UKFTT 45 (TC), the First-tier Tribunal (FTT) allowed the taxpayer's appeal and quashed HMRC's decision to require security from the taxpayer.
Read moreDiscovery Assessments and the 'hypothetical officer'
The following is taken from an article originally published in Tax Journal on 26 February 2016.
Read moreHMRC escapes strike out notwithstanding its unreasonable behaviour in failing to comply with directions issued by the Tribunal
In the recent case of PGPH Limited v HMRC [2016] UKFTT 46 (TC), the First-tier Tribunal (FTT) declined to exercise its powers under Rule 8 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 (the Rules), to strike out HMRC's case following HMRC's failure properly to comply with a direction issued by the FTT.
Read moreHigh Court dismisses judicial review challenge to HMRC's decision to restrict the availability of the Liechtenstein disclosure facility
In R (on the application of City Shoes Wholesale Ltd) v Revenue & Customs Commissioners [2016] EWHC 107 (Admin), the High Court rejected an application for judicial review of HMRC's refusal to grant the nine claimants, all of whom had operated employee benefit trusts (EBTs), the full benefits of the Liechtenstein disclosure facility (LDF).
Read moreTribunal grants 'disclosure' application against HMRC
The recent case of Tower Bridge GP Ltd v HMRC [2016] UKFTT 054 (TC) concerned applications by Tower Bridge GP Limited (Tower Bridge) and HMRC to the First-tier Tribunal (FTT) for disclosure of information and documents from each other, pursuant to Rule 5 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 (the Tribunal Rules).
Read moreTribunal allows taxpayer's appeal and confirms he was carrying on a trade on a commercial basis
In Akhtar Ali v HMRC [2016] UKFTT 8 (TC), the First-tier Tribunal (FTT), in allowing the taxpayer's appeal, has provided some helpful guidance on the factors to be taken into consideration when deciding whether activities comprise a trade which is commercial, for the purposes of section 66, Income Tax Act 2007 (ITA).
Read moreTax update
Increased SDLT for second homes and buy-to-let properties to apply to all
Read moreCourt of Appeal confirms validity of third party information notices
In Derrin Brothers Properties Limited & Others v HMRC [2016] EWCA Civ 15, the Court of Appeal has dismissed the Appellants' appeal against the High Court's refusal to quash third party information notices issued by HMRC pursuant to paragraph 2, Schedule 36, Finance Act 2008 (the Notices).
Read moreCorporate tax update
Welcome to the latest edition of our Corporate Tax Update, written by members of RPC’s tax team and published quarterly. In this edition we highlight some of the key tax developments of interest to UK corporates from the final quarter of 2015.
Read moreVAT update
Brief 22/15 – VAT partial exemption changes concerning foreign branches
Read moreHMRC fails to satisfy the Tribunal that residential property purchased for a pension fund was "taxable property"
In J & A Young (Leicester) Limited and Others v HMRC [2015] UKFTT 0638 (TC) TC 04771, the First-tier Tribunal (FTT), has allowed the taxpayers' appeals and held that certain residential property acquired by a self-administered occupational pension scheme was not "taxable property", for the purposes of Schedule 29A, Finance Act 2004 (FA 2004).
Read moreSupreme Court confirms that when making a confiscation order and assessing the amount of benefit obtained by an offender any VAT accounted to HMRC should be ignored
In R v Harvey [2015] UKSC 73, the Supreme Court allowed the appeal of Mr Jack Harvey (the Appellant) against the decision of the Court of Appeal (Criminal Division)
Read moreTribunal allows company's appeal and confirms that the four-year time limit does not apply to corporation tax self-assessment returns
In Bloomsbury Verlag GmbH v HMRC [2015] UKFTT 660 (TC),the First-tier Tribunal (Tax and Chancery) (FTT) has held that the four-year time limit does not apply to corporation tax self-assessment returns and that trading losses can be carried forward even though they were not included in a return.
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Beneficial ownership plan: HMRC publishes policy paper
Read moreUK source of interest
In Ardmore Construction and Andrew Perrin v HMRC [2015] UKUT 633 (dual appeal), the Upper Tribunal (UT) dismissed the taxpayers appeals and confirmed that they had received UK source dividends on which UK income tax was deductible at source.
Read moreUpper Tribunal accepts reasonable excuse defence for late claim for repayment of tax
In Raftopoulou v HMRC [2015] UKUT 579, the Upper Tribunal (UT) has confirmed that a taxpayer can make a valid claim for repayment of overpaid tax ...
Read moreVAT update
This is our last VAT update of 2015. RPC’s next VAT update will be published on 28 January 2016. We wish all our readers a Merry Christmas and a Happy New Year!
Read moreHely-Hutchinson - taxpayer wins legitimate expectation judicial review
In R(oao Hely-Hutchinson) v HMRC [2015] EWHC 3261 (Admin) ...
Read moreDiscovery assessments - HMRC fails to discharge burden of proof
The following is taken from an article originally published in Tax Journal
Read moreVAT update
HMRC publishes guidance on pension fund management costs
Read moreSpecial relief granted for excessive tax demand
In Montshiwa v HMRC[1], the First-Tier Tribunal (FTT) allowed the taxpayer's appeal against HMRC's decision not to grant 'special relief' under Schedule 1AB of the Taxes Management Act 1970 (TMA).
Read moreCorporate tax update
Welcome to the latest edition of our Corporate Tax Update, written by members of RPC’s tax team and published quarterly. In this edition we highlight some of the key tax developments of interest to UK corporates from the third quarter of 2015.
Read moreTribunal allows private residence relief
In the recent case of Richard James Dutton-Foreshaw v HMRC[1], the First-tier Tribunal (FTT) held that Mr Dutton-Foreshaw (the Appellant) was entitled to claim principal private residence relief (PPR) under section 222 Taxation of Chargeable Gains Act 1992 (TCGA), despite only having lived in the property concerned for seven weeks.
Read moreTribunal considers taxability of VAT repayments and interest
In Coin-a-drink Limited v HMRC [1], the First-tier Tribunal (FTT) considered the ability of HMRC to impose corporation tax on repayments of overpaid VAT and associated interest in the light of EU law.
Read moreTax update
HMRC turns the spotlight on contractor loan arrangements
Read moreUpper Tribunal confirms 'flip-flop II' scheme was effective
In Clive Bowring and Juliet Bowring v HMRC[1], the Upper Tribunal (UT) has allowed the taxpayers' appeal and concluded that a scheme, designed to reduce capital gains tax (CGT) due on capital payments made by a trust, was effective.
Read moreVAT update
HMRC publishes responses to consultation on new penalties model
Read moreTaxpayer wins residency status appeal
In Mark Carey v HMRC*, the taxpayer successfully claimed share loss relief.
Read moreTribunal considers Tower M Cashback and scope of 'conclusion' in closure notice
In B & K Lavery Property Trading Partnership v HMRC[1], the First-tier Tribunal (FTT) declined the Appellant's application to strike out HMRC's case and allowed HMRC's application to amend its statement of case.
Read moreTribunal finds HMRC's information notice to be invalid
In PML Accounting Limited v HMRC[1], the First-tier Tribunal (FTT) has found that a taxpayer information notice was invalid, as HMRC should have issued a third party information notice.
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Follower Notices and APNs – new Guidance issued by HMRC
Read moreTribunal considers jurisdiction in relation to 'special relief' and allows taxpayer's appeal
In James Ronaldson Scott v HMRC[1], a case in which the taxpayer appealed HMRC's refusal to grant "special relief" under paragraph 3A, Schedule 1AB, Taxes Management Act 1970 (TMA 1970) ...
Read moreTaxpayer succeeds in research and development claim
In Monitor Audio Ltd v HMRC[1], the First-tier Tribunal (FTT) has allowed the taxpayer's appeal, concluding that research and development (R&D) tax deductions were available to it under section 1044, Corporation Tax Act 2009 (CTA 2009).
Read moreTribunal finds HMRC's actions unconscionable
In John Clark v HMRC[1], the First-tier Tribunal (FTT) has found that special relief, in terms of paragraph 3A, Schedule 1AB, Taxes Management Act 1970 (paragraph 3A), ought to have been granted to a taxpayer who suffered from serious learning difficulties.
Read moreThink long and hard before withdrawing your appeal
In Rolls Group & Others HMRC[1], the First-tier Tribunal (FTT) has refused to reinstate VAT appeals, pursuant to an application made under Rule 17(3) of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 (the Rules), many months after withdrawal of their appeals.
Read moreCorporate tax update
Welcome to the latest edition of our corporate tax update, written by members of RPC’s Tax team and published quarterly. In this edition we highlight some of the key tax developments of interest to UK corporates from the second quarter of 2015.
Read more