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Tax Take

Blog

Taxpayer victory in Project Blue SDLT sub-sale case

Published on 14 June 2016. By Robert Waterson, Legal Director

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Publication

Tax update

01 June 2016

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The Finance Bill 2016 contains provisions which will introduce a specific penalty linked to the General Anti-Abuse Rule (GAAR) provisions.

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Blog

Would you know what to do if you received a Production Order from HMRC?

Published on 27 May 2016. By Adam Craggs, Partner

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Last year HMRC issued over 1,400 production orders. They were issued by HMRC’s Criminal Investigation Directorate, as part of investigations into tax evasion and money laundering.

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Blog

Tribunal allows taxpayer's appeal following poor customer service by HMRC

Published on 13 May 2016. By Adam Craggs, Partner

In Usher & Perkins, Executors of Terence J Guy (deceased) v HMRC [2016] (TC04849), the First-tier Tribunal (FTT), allowed the executors' appeal against a penalty.

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Blog

Tribunal considers carelessness test and finds discovery assessments to be invalid

Published on 05 May 2016. By Alexis Armitage, Associate

In Bubb v HMRC [2016] UKFTT 0216 (TC), the First-tier Tribunal (FTT) allowed the taxpayer's appeals and concluded that two discovery assessments made by HMRC under section 29, TMA 1970, were not validly made because only part of the tax underpayment resulted from the taxpayer's carelessness.

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Publication

Tax update

04 May 2016

In the 2016 Budget, the Chancellor announced proposed legislation to tackle so-called “disguised remuneration”. HMRC has now published an impact note and draft legislation.

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Publication

Corporate tax update

03 May 2016

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 first quarter of 2016.

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Blog

Tribunal finds that deferred shares are ordinary shares for the purposes of entrepreneurs' relief

28 April 2016

In Alan Castledine v HMRC [2016] UKFTT 145, the First-tier Tribunal (FTT) dismissed Mr Castledine's appeal and found that deferred shares qualified as ordinary shares for the purposes of entrepreneurs' relief.

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Publication

VAT update

28 April 2016

On 7 April 2016, the European Commission adopted a Communication on an Action Plan on VAT, which sets out the first steps the Commission intends to take with the aim of creating a single EU VAT area.

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Blog

Review letter from HMRC should be read as cancelling discovery assessment

21 April 2016

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.

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Blog

Tribunal rules HMRC's enquiry invalid

15 April 2016

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.

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Publication

Offshore tax evasion

11 April 2016

The “Panama Papers”

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Blog

Businesses need to ensure that they do not unwittingly facilitate tax evasion

Published on 07 April 2016. By Adam Craggs, Partner

The Panamanian law firm Mossack Fonesca and the so called 'Panama Papers' have dominated headlines in recent days.

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Publication

Tax update

04 April 2016

On 1 February 2016, HMRC took the unusual step of publishing draft regulations through the CIOT (rather than its own) website.

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Publication

VAT update

31 March 2016

Next steps following the change to the reduced rate of VAT for energy saving materials

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Blog

Supreme Court considers the Ramsay principle in UBS and DBG Services

30 March 2016

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].

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Blog

Court of Appeal confirms that HMRC must comply with rules and directions issued by the tax tribunals

Published on 23 March 2016. By Robert Waterson, Legal Director

The following is based on an article first published in Tax Journal on 8 March 2016.

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Blog

High court grants summary judgment against HMRC in FII Group Litigation claims

Published on 16 March 2016. By Alexis Armitage, Associate

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).

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Blog

Tribunal quashes HMRC's decision to require security from the taxpayer

09 March 2016

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.

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Publication

Tax update

02 March 2016

DOTAS: New regulations on hallmarks

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Blog

Discovery Assessments and the 'hypothetical officer'

Published on 01 March 2016. By Adam Craggs, Partner

The following is taken from an article originally published in Tax Journal on 26 February 2016.

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Blog

HMRC escapes strike out notwithstanding its unreasonable behaviour in failing to comply with directions issued by the Tribunal

26 February 2016

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.

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Publication

VAT update

25 February 2016

Commission publishes an Action Plan on VAT

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Blog

High Court dismisses judicial review challenge to HMRC's decision to restrict the availability of the Liechtenstein disclosure facility

Published on 18 February 2016. By Alexis Armitage, Associate

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).

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Blog

Tribunal grants 'disclosure' application against HMRC

Published on 12 February 2016. By Adam Craggs, Partner

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).

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Blog

Tribunal allows taxpayer's appeal and confirms he was carrying on a trade on a commercial basis

05 February 2016

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).

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Publication

Tax update

03 February 2016

Increased SDLT for second homes and buy-to-let properties to apply to all

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Blog

Court of Appeal confirms validity of third party information notices

Published on 29 January 2016. By Adam Craggs, Partner

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).

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Publication

Corporate tax update

29 January 2016

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.

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Publication

VAT update

28 January 2016

Brief 22/15 – VAT partial exemption changes concerning foreign branches

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Publication

The new Union Customs Code

21 January 2016

Key changes

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Blog

HMRC fails to satisfy the Tribunal that residential property purchased for a pension fund was "taxable property"

20 January 2016

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).

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Blog

Supreme 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

Published on 14 January 2016. By Adam Craggs, Partner

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)

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Blog

Tribunal allows company's appeal and confirms that the four-year time limit does not apply to corporation tax self-assessment returns

Published on 08 January 2016. By Robert Waterson, Legal Director

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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Publication

Tax update

06 January 2016

Beneficial ownership plan: HMRC publishes policy paper

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Blog

UK source of interest

Published on 30 December 2015. By Adam Craggs, Partner

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.

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Upper Tribunal accepts reasonable excuse defence for late claim for repayment of tax

Published on 23 December 2015. By Nicole Kostic, Senior Associate

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 ...

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Publication

VAT update

22 December 2015

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!

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Blog

Hely-Hutchinson - taxpayer wins legitimate expectation judicial review

16 December 2015

In R(oao Hely-Hutchinson) v HMRC [2015] EWHC 3261 (Admin) ...

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Blog

Discovery assessments - HMRC fails to discharge burden of proof

Published on 10 December 2015. By Adam Craggs, Partner

The following is taken from an article originally published in Tax Journal

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Publication

Tax update

02 December 2015

Small Business Research & Development Relief

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Publication

VAT update

26 November 2015

HMRC publishes guidance on pension fund management costs

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Blog

Special relief granted for excessive tax demand

Published on 25 November 2015. By Adam Craggs, Partner

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).

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Publication

Corporate tax update

19 November 2015

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.

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Blog

Tribunal allows private residence relief

Published on 19 November 2015. By Constantine Christofi, Associate

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.

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Blog

Tribunal considers taxability of VAT repayments and interest

Published on 11 November 2015. By Nicole Kostic, Senior Associate

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.

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Publication

Tax update

05 November 2015

HMRC turns the spotlight on contractor loan arrangements

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