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Tax Take

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Tax tribunal finds in favour of trustee

Published on 12 April 2013. By Adam Craggs, Partner

The recent case of The Trustee of the De Britton Settlement v HMRC [2013] UKFTT 106 (TC), illustrates the importance of evidence and proper preparation in tax appeals before the First-tier Tribunal ('FTT').

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Easter thoughts and transfer pricing

Published on 04 April 2013. By Adam Craggs, Partner

Easter is a good time for reflection and balanced thinking and never have these qualities been so necessary as in the contentious area of tax, particularly where multinationals and the large corporates are concerned.

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Reliance on misleading information or guidance from HMRC can constitute a 'reasonable excuse'

Published on 22 March 2013. By Adam Craggs, Partner

In recent years, with the difficulties that many taxpayers have experienced in the current economic climate, the issue of 'time to pay' agreements with HMRC has become of greater concern.

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First-tier Tribunal considers whether a single supply may be taxed at two VAT rates

Published on 15 March 2013. By Adam Craggs, Partner

When a taxpayer makes a supply of goods or services, it is not always clear cut whether there is more than one supply, or a single composite supply for VAT purposes.

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ECJ ruling in Grattan plc v Revenue and Customs Commissioners [2012] All ER (D) 246 (Dec)

08 March 2013

The Court of Justice of the European ('ECJ') has recently confirmed the opinion of the Advocate General in Grattan Plc v HMRC.

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Tribunal finds for the taxpayer and concludes that a trade was being carried on

Published on 27 February 2013. By Adam Craggs, Partner

In the recent case of Albermale 4 LLP v HMRC,1 the First-tier Tribunal ('FTT') was called upon to consider the difficult question of the meaning of 'trade' for the purpose of section 262 Income Tax (Trading and Other Income) Act 2005 ('ITTOIA 2005').

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Late expectations – taxpayers succeed in their application to appeal out of time

20 February 2013

The 30 day time limit, contained in section 31A Taxes Management Act 1970 ('TMA 1970'), for giving notice of appeal against an amendment of a self-assessment contained in a closure notice is well known to tax practitioners

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The Prudential decision – implications for taxpayers

Published on 08 February 2013. By Adam Craggs, Partner

The Supreme Court has refused to extend legal advice privilege ('LAP') to legal advice given by professionals who are not lawyers.

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Taxpayer misled by HMRC amidst settlement confusion

Published on 01 February 2013. By Adam Craggs, Partner

It is normally very clear to both parties when a tax dispute has been settled by way of agreement, but this is not always the case, especially when the 'agreement' was based on a misunderstanding.

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Crown Prosecution Service announces major expansion of prosecutions for tax fraud

Published on 25 January 2013. By Adam Craggs, Partner

As announced in the national press this week (see e.g. the Financial Times Monday 21 January 2013) the Crown Prosecution Service ('CPS') has announced that it will increase five-fold the number of tax cases that it considers for criminal prosecution.

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Victory for the taxpayers in the Charlton case as the UT confirms that HMRC's discovery assessments were unlawful

Published on 18 January 2013. By Adam Craggs, Partner

The eagerly awaited decision of the Upper Tribunal ('UT') in HMRC v Charlton, Corfield & another [2012] UK FTT 770, has now been delivered.

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Fact stranger than fiction - taxpayer succeeds in challenging finding of fact before the Upper Tribunal

Published on 09 January 2013. By Adam Craggs, Partner

The Upper Tribunal (Arnold J) has allowed the taxpayer's appeal in Joseph Okolo v HMRC [2012] UKUT 416 (TCC).

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The need for checks and balances

21 December 2012

A recent article in the Daily Telegraph Newspaper "How one family were brought to their knees by the Taxman" by Alasdair Palmer

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Green light for TNT's judicial review

21 December 2012

Unperturbed by the High Court's initial dismissal of their attempt to judicially review HMRC's VAT exemption for postal access services provided by Royal Mail

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Rangers 2 – 1 HMRC: Victory for the taxpayer in the Rangers EBT case

Published on 10 December 2012. By Adam Craggs, Partner

The long awaited decision of the First-tier Tribunal (‘FTT’) in the Rangers EBT case has now been delivered.1

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Tax avoidance scheme succeeds at the Upper Tribunal

Published on 10 December 2012. By Adam Craggs, Partner

The eagerly awaited decision of the Upper Tribunal (‘UT’) in the case of UBS AG and DB Group Services (UK) Limited v HMRC [2012] UKUT 320 (TCC) has now been released.

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Mea culpa?

06 December 2012

In an interesting development that should be welcomed by company directors in particular, the First-tier Tribunal held in O'Rorke v HMRC [2011] UKFTT 839 that a subjective test of neglect applies...

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Latest climb down – HMRC are not to be on the GAAR Panel

Published on 23 November 2012. By Adam Craggs, Partner

On 7 November 2012, HM Treasury announced that HMRC will not be represented on the General Anti-Abuse Rule (‘GAAR’) Advisory Panel (‘the Panel’).

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The Upper Tribunal dismisses HMRC’s appeal in SDLT sub-sale mitigation case

Published on 14 November 2012. By Adam Craggs, Partner

The Upper Tribunal (Henderson J) has dismissed HMRC’s appeal in HMRC v DV3 RS Limited Partnership [2012] UKUT 399 (TCC), a stamp duty land tax (‘SDLT’) mitigation case involving a sub-sale to a partnership.

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Taxpayer wins on purposive interpretation

09 November 2012

In recent years, it is usually HMRC pressing the courts to identify the purpose of the legislation and to reject a narrow interpretation of the legislation.

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Court strikes out HMRC’s claim in alleged VAT fraud

Published on 02 November 2012. By Adam Craggs, Partner

In the recent decision of the High Court (Warren J) in the case of Revenue and Customs Comrs v Sunico A/S and ors [2012] All ER (D) 172, which involved a claim brought by HMRC alleging conspiracy to deprive HMRC of VAT through missing trader fraud, the Court ruled that the defendants were entitled to summary judgment and struck out HMRC’s claim.

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Court quashes HMRC warrants

Published on 24 October 2012. By Adam Craggs, Partner

The recent decision of the Divisional Court (Pitchford LJ and Foskett J) in the case of R (on the application of Anand) v HMRC (unreported) has shed further light on the circumstances in which the Courts will quash search warrants granted to HMRC in the course of a criminal investigation into a taxpayer.

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Tax win puts McLaren in pole position!

18 October 2012

The glamorous world of Formula One does not often collide with the more cerebral realm of the First-tier Tribunal (‘FTT’), but this is precisely what happened in McLaren Racing Limited v HMRC [2012] UKFTT 601 (TC).

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Is the UK becoming a tax-haven?

Published on 10 October 2012. By Adam Craggs, Partner

The FT has recently reported (see “Favourable tax draws companies to Britain” - 7 October 2012)

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SDLT sub-sale arrangement fails on implementation

Published on 25 September 2012. By Adam Craggs, Partner

The First-tier Tribunal (‘FTT’) has recently released its much anticipated decision in Vardy Properties and Vardy Properties (Teeside) Limited v HMRC [2012] UKFTT 564 (TC), an SDLT mitigation case involving a sub-sale of property into a distribution in specie.

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Taxpayer succeeds in employment status case

Published on 21 September 2012. By Adam Craggs, Partner

In Slush Puppie Limited v HMRC [2012] UKFTT 356 (TC), the First-tier Tribunal (‘FTT’) has confirmed the process that it should go through in determining whether a person is employed or self-employment.

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Costs against HMRC – the importance of getting your arguments right

21 September 2012

There have been a number of cases addressing the powers of the First-tier Tribunal (‘FTT’) in respect of the awarding of costs since the FTT was established in 2009.

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Significant watering down of anti-avoidance legislation

21 September 2012

On 30th July 2012 HMRC released a consultation document entitled “Reform of two anti-avoidance provisions:

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Bringing it all back home – Tribunal rejects HMRC’s arguments on remittances

21 September 2012

In Pflum v HMRC [2012] UKFTT 365 (TC), the First-tier Tribunal (‘FTT’) has found in favour of the taxpayer in a recent appeal concerning taxation of remittances from overseas under section 26 of the Income Tax (Earnings and Pensions) Act 2003 (‘ITEPA’).

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Behind closed doors: HMRC denied access to Charman papers

21 September 2012

In the recent case of HMRC v Charman [2012] EWHC 1448 (Fam), HMRC failed in their bid to obtain documents produced in a high profile divorce case.

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National Insurance – not just another income tax

21 September 2012

From most peoples’ perspective, national insurance is simply income tax by another name.

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Plain sailing for taxpayer in judicial review case

21 September 2012

Although the recent case of Cameron & others v Revenue and Customs [2012] EWHC 1174 (Admin) related to the narrow area of Foreign Earnings Deduction (‘FED’) for seafarers,...

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Companies move back in, but lightning won’t strike twice

Published on 21 September 2012. By Adam Craggs, Partner

Against the backdrop of the huge success of the 2012 Olympics, HMRC have received some encouraging news that the extensive reforms introduced to the taxation of the foreign profits of companies over the last five years is starting to bear fruit.

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HMRC's consulation – "Lifting the lid on tax avoidance schemes”

Published on 21 September 2012. By Adam Craggs, Partner

On 23 July 2012 HMRC published a consultation document “Lifting the lid on tax avoidance schemes”.

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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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All taxpayers are equal, although some are more equal than others!

16 April 2012

In the recent case of Spectrum Legal Services Limited v HMRC [2012] UKFTT 191 (TC), HMRC drew criticism from the First-tier Tribunal (Tax Chamber) ('Tribunal') over its refusal to treat two taxpayers, in similar circumstances, in the same way

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Taxpayers are entitled to organise their affairs so that the minimum amount of tax is paid!

Published on 02 April 2012. By Daniel Hemming, Senior Associate

The recent decision of the First-tier Tax Tribunal ('FTT') in James Albert McLaughlin v The Commissioners for HM Revenue and Customs1, is a timely reminder that taxpayers are perfectly entitled to organise their affairs so that the minimum amount of tax is paid.

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HMRC have to play by the rules too!

26 March 2012

The recent decision of the First-tier Tax Tribunal ('the Tribunal') in Furukawa Electric Europe Limited v Revenue & Customs Commissioners [2012] UKFTT 129 (TC) ('Furukawa'),...

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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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