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Tax Bites - November 2021
Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.
Read moreGC Field & Sons Ltd – SDLT discovery assessments held to be invalid
Discovery underlying discovery assessment for SDLT planning valid despite change of underlying reasoning, but taxpayer not negligent so appeal upheld.
Read moreV@ Update – October 2021
Welcome to the October 2021 edition of RPC's V@, an update which provides analysis and news from the VAT world relevant to your business.
Read moreHMRC targets enablers of tax evasion
HMRC and the OECD are looking to tackle the rise of the professional enabler of tax evasion, but what is an enabler? And what does that mean for professionals?
Read moreNavigating your career: In conversation with Jack Bonehill
In this episode, we are delighted to be joined by fellow tax podcast host Jack Bonehill, the man behind the fantastic Tax Professionals Podcast series.
Read moreHMRC Target Cryptocurrency Investors
HMRC has announced it will launch a new ‘nudge letter’ campaign that will target UK taxpayers who may have failed to pay tax due in respect of their cryptoassets.
Read moreVermilion Holdings – Court of Session confirms that the grant of a share option by an employer was not an employment related securities option
In Vermilion Holdings Ltd v HMRC [2021] CSIH 45, the Court of Session overturned the decision of the Upper Tribunal (UT) and confirmed that an option granted by a company as part of a refinancing exercise was not an employment related securities option, for the purposes of section 471, Income Tax (Earnings and Pensions) Act 2003 (ITEPA).
Read moreQuarterly Contentious Tax Review
The Tax Law Review Committee (TLRC) has published an in-depth review of the First-tier Tribunal (FTT), how it operates and why. In some respects, it is not working as well as it could for certain users. The review makes a number of positive recommendations, which we discuss below, together with two important developments concerning (1) the requirement for HMRC to initiate a formal enquiry and (2) HMRC's strategy on settling disputes relating to the use of historic tax avoidance arrangements.
Read moreProfessional Game Match Officials - Court of Appeal sends football referees case back to the Tax Tribunal
In HMRC v Professional Game Match Officials Limited [2021] EWCA Civ 1370, the Court of Appeal (CoA) held that the First-tier Tribunal (FTT) and Upper Tribunal (UT) both erred in law in their approaches to the question of 'mutuality of obligation' and upheld the UT's decision that the FTT had erred in its approach to the issue of control. The case has been sent back to the FTT to reconsider whether there was sufficient mutuality of obligation and control in the individual contracts for them to be contracts of employment.
Read moreLeak of Pandora Papers puts HMRC on high alert to investigate tax affairs
The Pandora Papers leak has put the HMRC on high alert to investigate tax affairs of those who have made use of offshore tax arrangements, says RPC, the international law firm.
Read moreTooth and claw?: The meaning of words in tax assessments
The concept of 'staleness' in the context of discovery assessments (assessments issued to taxpayers by HMRC outside of any statutory enquiry), gathered momentum following the Upper Tribunal’s decision in Charlton and others v HMRC [2011] UKFTT 467 (TC). As 'discovery' is only relevant to returns and tax years where HMRC has not opened a statutory enquiry, many commentators considered that the concept provided a degree of procedural fairness in the discovery assessment process, and that HMRC should not be permitted to delay issuing an assessment for a considerable period of time after making a discovery. As recently as February of this year, Judge Malek in the First-tier Tribunal (FTT) in Mehrban v HMRC [2021] UKFTT 53 (TC), noted that it was an “absurdity” to say that the concept of staleness does not exist.
Read moreV@ Update – September 2021
Welcome to the September 2021 edition of RPC's V@, an update which provides analysis and news from the VAT world relevant to your business.
Read moreDNAe Group Holdings – Higher R&D relief claims available
In DNAe Group Holdings Ltd v HMRC [2021] TC/201804348, the First-tier Tribunal (FTT) held that 125% research and development (R&D) tax credits for an SME was available, despite the company being the strategic investment vehicle of a larger group.
Read moreHMRC issues 'nudge' letters to non-doms for suspected unpaid tax
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.
Read moreConnecting the dots
In a world of increasing digitisation, globalisation and remote working, now more than ever taxpayers are starting to ask "how are HMRC going to find out?".
Read moreKSM Henryk Zeman - Tribunal can consider 'legitimate expectation' arguments in VAT appeal
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.
Read moreTinkler – Supreme Court decides taxpayer is estopped from denying validity of HMRC enquiry
In Tinkler v HMRC [2021] UKSC 39, the Supreme Court held that, due to the conduct of the taxpayer's advisers, the taxpayer was estopped by convention from denying that HMRC had opened a valid enquiry under section 9A, Taxes Management Act 1970 (TMA), when it had sent the notice of enquiry to the wrong address.
Read moreLockdown thoughts: the evolution of HMRC and its increasing powers
Given the complexity and, at times, lack of clarity in our tax system, concerns have been raised about the extent of HMRC's powers, particularly regarding the range of penalties that can be imposed for innocent mistakes, and the severity of penalties that can be imposed in relation to offshore matters.
Read moreHMRC confirms it is investigating 153 unregulated tax advisers and other intermediaries for allegedly helping clients evade tax
HMRC has confirmed it is currently investigating 153 suspected ‘enablers of tax evasion’ including unregulated tax advisers says RPC, the international law firm.
Read moreJRO Griffiths – storage facility is plant for capital allowances purposes
In JRO Griffiths Ltd v HMRC [2021] UKFTT 257 (TC), the First-tier Tribunal (FTT) held that a facility used to store potatoes was a plant, and that it met other conditions allowing it to qualify for capital allowances.
Read moreEclipse film partnerships settlement opportunity announced by HMRC
HMRC announced on 6 September 2021 a settlement opportunity for current and former members of the Eclipse Film Partners (numbers 1 to 40) limited liability partnerships (the Eclipse LLPs), under which HMRC will agree not to seek to impose a 'dry tax' charge in exchange for members settling historic tax liabilities (with interest) and abandoning litigation against HMRC in relation to the Eclipse LLPs. If accepted by each taxpayer, approximately £1.6 billion of 'dry tax' will not be pursued by HMRC.
Read moreAccountants obliged to report suspected misuse of the Bounce Back Loan Scheme
The Bounce Back Loan Scheme (BBLS) was introduced to enable smaller businesses adversely affected by the coronavirus pandemic to access government-backed finance.
Read moreTax Bites - September 2021
Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.
Read moreHaworth - Supreme Court upholds decision to quash follower notice
Follower Notice judicial review upheld by Supreme Court even in tax avoidance context; restrictive requirements imposed for issue of follower notices.
Read moreThe tax tribunals: the next 10 years
Twelve years on from the seismic changes to the UK tax appeals system that introduced the First-tier Tribunal and the Upper Tribunal, the Tax Law Review Committee (TLRC) has published its Report "The tax tribunals: the next 10 years".
Read moreV@ Update – August 2021
Welcome to the August 2021 edition of RPC's V@, an update which provides analysis and news from the VAT world relevant to your business.
Read moreContentious tax quarterly review
We consider the Supreme Court's decision in Tooth, concerning discovery assessments; and examine the contentious issue of when a taxpayer can rely upon a PAYE credit. We also review the increased focus by HMRC on cryptoassets and the challenges that might create for taxpayers.
Read moreCustoms and excise quarterly - August 2021
In this update we report on (1) European Commission Guidance on UK import formalities; (2) HMRC's new and updated guidance for imports and exports following the end of the Brexit transition period; and (3) HMRC's updated guidance on returned goods relief on items exported from Northern Ireland. We also comment on three recent cases relating to (1) the illegal import of cigarettes; (2) customs valuation; and (3) the application of the dishonesty test when determining penalties.
Read moreWilkes – HMRC's discovery assessments were invalidly issued
In HMRC v Jason Wilkes [2021] UKUT 150 (TCC), the Upper Tribunal (UT) dismissed HMRC's appeal against a decision of the First-tier Tribunal (FTT) which held that discovery assessments issued by HMRC to assess the high income child benefit charge (HICBC), were invalid.
Read moreThe complicated question of corporate criminal liability
Many commentators have questioned whether the law relating to corporate criminal liability is still fit for purpose or whether it is due a significant overhaul.
Read moreKelly – Tax tribunal confirms re-discovery not permissible for the purposes of section 29 TMA
In Sean Kelly v HMRC [2021] UKFTT 162, the First-tier Tribunal (FTT) confirmed the principle that a discovery can only be made once and HMRC cannot raise a new discovery assessment under section 29,Taxes Management Act 1970 (TMA), in respect of the same discovery.
Read moreTax Bites - August 2021
Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.
Read moreWalewski - Mixed partnership rules mean profit can be reallocated for whole period of account
Corporate member tax planning ineffective as profits allocated to partner in partnership for period during which it was a partner under mixed partnership rules.
Read moreLockdown, tax residency and the law of unintended consequences
In the latest episode of Taxing Matters, Nikita Cooper, a partner at Price Bailey discusses the effect COVID lockdowns have had on tax residency – and what the unintended consequences could be for you, your business and your employees.
Read moreCorporate Tax Update - July 2021
Welcome to the latest edition of our Corporate Tax Update, written by members of RPC’s tax team. This month’s update reports on some of the key developments from May and June 2021. Included in this update are news of the historic G7 agreement as to plans for global tax reform, summaries of two cases on the required formalities for bringing contractual claims for breach of warranty and pursuant to a tax covenant, and news of another win for HMRC in an ‘IR35’ case. As ever we hope you, your family and friends are all staying safe and are enjoying the summer.
Read moreV@ update - July 2021
Welcome to the July 2021 edition of RPC's V@, an update which provides analysis and news from the VAT world relevant to your business.
Read moreAvonside Roofing – Tax Tribunal sets aside Schedule 36 information notice
In Avonside Roofing Ltd v HMRC [2021] UKFTT 158 (TC), the First-tier Tribunal (FTT) set aside an information notice issued under paragraph 1, Schedule 36, Finance Act 2008 (the Notice), on the basis that the information and documents requested by HMRC were not reasonably required for the purpose of checking the recipient's tax position.
Read moreSiddiqui - No proper ground for setting aside summons in private prosecution
Private prosecution not to be quashed due to failure to disclose settlement agreement.
Read moreDawn of a new era: predicted increase in dawn raids
With financial pressure mounting on the Government, and with an additional 1000 new fraud investigators announced in the last budget, many expect the frequency of HMRC dawn raids to increase considerably.
Read moreGolamreza – HMRC assessments and the burden of proof
In Golamreza Qolaminejite (aka A Cooper) v HMRC [2021] UKUT 118 (TCC), the Upper Tribunal (UT) allowed the taxpayer's appeal in part on the basis that the First-tier Tribunal (FTT) had erred in law in failing to take all of the taxpayer's case into account in arriving at its decision.
Read morePerring – Burden of proof for establishing that documents are 'reasonably required' in taxpayer information notice appeal is on HMRC
In Perring v HMRC [2021] UKFTT 110, the First-tier Tribunal (FTT) held that the burden of proof for establishing that documents are "reasonably required" under a taxpayer notice issued under Schedule 36, Finance Act 2008 (FA 2008) lies with HMRC.
Read morePlaying a winning hand: dealing with an HMRC enquiry
In this episode of Taxing Matters we are joined by John Cassidy, a Tax Resolutions Partner at accountancy firm Crowe UK. A tax veteran of over 25 years, when it comes to tax investigations, what John hasn't experienced, written about or lectured on isn't worth knowing!
Read moreTax Bites - July 2021
Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.
Read moreAozora - Unilateral credit for US withholding tax allowed even where no treaty relief available
US UK double tax treaty and associated UK legislation interpreted to give unilateral credit for withholding tax suffered on interest income.
Read moreV@ update - June 2021
Welcome to the June 2021 edition of RPC's V@, an update which provides analysis and news from the VAT world relevant to your business.
Read moreRediscovering ADR
Alternative Dispute Resolution (ADR), in the form of mediation, remains an important part of the tax dispute resolution process. In light of the backlog of cases caused by Covid-19, and the practice statement issued by the Tribunal last year, we expect that taxpayers and HMRC will begin to re-examine and embrace ADR which can be an effective method of resolving disputes with HMRC.
Read moreAshbolt and Arundell: challenging search warrants
In the latest episode of Taxing Matters, we take a closer look at the recent case of Ashbolt and Arundell v HMRC, which involved a challenge to the lawfulness of search warrants.
Read moreTooth – Supreme Court rejects the concept of 'staleness' and confirms the meaning of 'deliberate'
In HMRC v Tooth [2021] UKSC 17, the Supreme Court, in dismissing HMRC's appeal, confirmed that a discovery assessment issued under section 20, Taxes Management Act 1970 (TMA) will not be invalid because a large period of time had elapsed between the discovery being made and the assessment being issued by HMRC and that for a taxpayer to bring about a loss of tax as a result of a deliberate inaccuracy in a document there must be an intention to mislead HMRC.
Read moreHargreaves - Burden of proof on HMRC in taxpayer information notice appeals
In Hargreaves and others v HMRC [2021] UKFTT 80 (TC), the First-tier Tribunal (FTT) confirmed that the burden of proof in an appeal against an information notice issued under paragraph 1, Schedule 36, Finance Act 2008 (FA 2008), is on HMRC.
Read moreShifting sands: insuring tax risks
In a special cross-over episode with our sister podcast Insurance Covered, this episode of Taxing Matters looks at the growth in popularity of tax liability insurance.
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