Settling a taxing point about taxation of settlement agreements – Cloisters

Posted December 18th, 2014 in age discrimination, news, redundancy, taxation, tribunals, unfair dismissal by sally

‘If you are an advisor who only occasionally dabbles with tax issues in settlements for fear of having to delve into murky tax law, take note of a recent decision providing a lucid summary of the relevant principles. The case is also a cautionary tale for claimants challenging tax assessments as the claimant’s unsuccessful challenge before the First-Tier Tax Tribunal (FTT) resulted in a tax bill larger than the one sent to him by HMRC. If Oti-Obhihara [2011] IRLR 386 and Orthet v Vince Cain [2005] ICR 374 ring a distant bell from advising on settlements past, they should now be retuned to the sound of alarm bells as the FTT in Moorthy v HMRC [2014] UKFTT 834 (TC) has doubted their correctness.’

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Cloisters, 12th December 2014

Source: www.cloisters.com

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Tax Tribunal backlog reaches record high – OUT-LAW.com

Posted November 25th, 2014 in delay, judiciary, news, taxation, tribunals by sally

‘The backlog of tax disputes waiting to be heard has reached a new record high with a particular surge in the number of high value cases lodged with the Upper Tribunal, according to Pinsent Masons, the law firm behind Out-Law.com.’

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OUT-LAW.com, 25th November 2014

Source: www.out-law.com

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EU court moves against ‘benefits tourism’ in landmark ruling – The Independent

Posted November 12th, 2014 in benefits, EC law, immigration, news, taxation by tracey

‘The European Court of Justice has issued a historic ruling against Romanian woman living in Germany that could set a major precedent blocking so-called “benefits tourism” across the continent.’

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The Independent, 11th November 2014

Source: www.independent.co.uk

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High Court judge refuses application by Treasury to lift automatic suspension – Local Government Lawyer

Posted November 5th, 2014 in children, contracts, delay, employment, news, parental rights, public interest, taxation by sally

‘A High Court judge has dismissed an application by the Treasury and two of its agencies to lift an automatic suspension under the Public Contracts Regulations 1996.’

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Local Government Lawyer, 5th November 2014

Source: www.localgovernmentlawyer.co.uk

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R (on the application of Moseley (in substitution of Stirling) (AP) v London Borough of Haringey – Supreme Court

R (on the application of Moseley (in substitution of Stirling) (AP) (Appellant) v London Borough of Haringey (Respondent) [2014] UKSC 56 (YouTube)

Supreme Court, 29th October 2014

Source: www.youtube.com/user/UKSupremeCourt

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Consultation duty gets to the Supreme Court – UK Human Rights Blog

Posted October 30th, 2014 in appeals, consultations, local government, news, Supreme Court, taxation by sally

‘Lord Wilson posed the question, answered today by the Supreme Court, with concision. When Parliament requires a local authority to consult interested persons before making a decision which would potentially affect all of its inhabitants, what are the ingredients of the requisite consultation?’

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UK Human Rights Blog, 29th October 2014

Source: www.ukhumanrightsblog.com

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How to reduce your Inheritance Tax bill – BBC News

Posted October 27th, 2014 in budgets, inheritance tax, mortgages, news, statistics, taxation by sally

‘”We all want to see a system where it is only the very rich that pay inheritance tax, and not hard working people.”

Those were the words of David Cameron during Prime Minister’s Questions last week.’

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BBC News, 24th October 2014

Source: www.bbc.co.uk

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How October 1 will change your life – Daily Telegraph

‘As a number of new laws come into effect this week, we take a look at how your life will be affected.’

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Daily Telegraph, 1st October 2014

Source: www.telegrpah.co.uk

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Compensation for Injury to Feelings Taxable – No. 5 Chambers

Posted September 25th, 2014 in age discrimination, compensation, HM Revenue & Customs, news, taxation, tribunals by sally

‘Anthony Korn reports on the recent judgment of First Tier Tribunal Tax Chamber in Moorthy v The Commissioners for Her Majesty’s Revenue and Customs (TCO3952).’

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No. 5 Chambers, 19th September 2014

Source: www.no5.com

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First-tier Tribunal holds that there is no taxable supply where there is no obligation on a subsidiary company which was receiving subsidiary services from the Group parent – Commercial Disputes Blog

Posted August 28th, 2014 in appeals, news, subsidiary companies, taxation, tribunals by sally

‘In Norseman Gold plc v HMRC[1] the First-tier Tribunal (Judge Colin Bishopp) (“FTT”) dismissed an appeal by Norseman Gold plc (“Norseman”) against assessments made pursuant to section 73 VATA 1994 to recover input tax which had been claimed by it, on the basis that as Norseman had not imposed a charge for its services to its subsidiary companies, there was no taxable supply, for which the company could recover the VAT incurred.’

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Commercial Disputes Blog, 27th August 2014

Source: www.rpc.co.uk

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Drivers ‘not adequately warned’ over end of tax discs – Daily Telegraph

Posted August 27th, 2014 in Driver & Vehicle Licensing Agency, news, road traffic, taxation by sally

‘Thousands of drivers are at risk of fines because they have had insufficient warning about the abolition of tax discs by the Government, motoring experts said last night.’

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Daily Telegraph, 27th August 2014

Source: www.telegraph.co.uk

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The 13 obscure UK laws you didn’t know you were breaking – The Independent

‘Forget the urban myths about dying in Westminster or eating mince pies on Christmas Day: these are real rules you could be breaking without even realising it’

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The Independent, 26th August 2014

Source: www.independent.co.uk

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Tax barristers should report colleagues who break rules, Davies says – Legal Futures

‘Tax barristers who have evidence of colleagues breaking the rules should report it to the Bar Standards Board (BSB), chief executive Dr Vanessa Davies has said.’

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Legal Futures, 12th August 2014

Source: www.legalfutures.co.uk

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Plans outlined to amend tax rules to enable new simplified reporting of VAT owed for supply of digital services – OUT-LAW.com

Posted July 31st, 2014 in consultations, EC law, news, regulations, taxation, VAT by michael

‘Proposed amendments to UK tax rules are being consulted on by HM Revenue & Customs (HMRC) to recognise a new simplified mechanism that is being introduced for reporting VAT owed on the supply of digital services following changes to EU laws.’

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OUT-LAW.com, 30th July 2014

Source: www.out-law.com

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Brussels takes UK to court over boats using red diesel – BBC News

Posted July 11th, 2014 in customs and excise, EC law, energy, news, taxation by sally

‘The European Commission is taking the UK to court in a long-running row over its policy of allowing leisure boats to use lower-taxed red diesel.’

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BBC News, 10th July 2014

Source: www.bbc.co.uk

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Regina (Eastenders Cash and Carry plc and others) v Revenue and Customs Commissioners; Regina (First Stop Wholesale Ltd) v Revenue and Customs Commissioners – WLR Daily

Regina (Eastenders Cash and Carry plc and others) v Revenue and Customs Commissioners: Regina (First Stop Wholesale Ltd) v Revenue and Customs Commissioners: [2014] UKSC 34; [2014] WLR (D) 262

‘Although customs could only exercise the power under section 139(1) of the Customs and Excise Management Act 1979 to detain goods when those goods were actually liable to forfeiture, they had a general power to detain goods which was ancillary to their power to examine them and conduct and investigation to ascertain whether they were so liable.’

WLR Daily, 11th June 2014

Source: www.iclr.co.uk

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Taxman wins fight to close property tax loophole – Daily Telegraph

Posted June 16th, 2014 in appeals, housing, mortgages, news, stamp duty, taxation by sally

‘A High Court ruling has sided with the taxman over legislation introduced last year which aims to stop wealthy property buyers avoid paying tens of thousands of pounds in stamp duty.’

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Daily Telegraph, 13th June 2014

Source: www.telegraph.co.uk

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R (on the application of Eastenders Cash and Carry plc and others (Respondents) v The Commissioners for Her Majesty’s Revenue and Customs (Appellant) – Supreme Court

R (on the application of Eastenders Cash and Carry plc and others (Respondents) v The Commissioners for Her Majesty’s Revenue and Customs (Appellant) [2014] UKSC 34 (YouTube)

Supreme Court, 11th June 2014

Source: www.youtube.com/user/UKSupremeCourt

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Supreme Court: “reasonable suspicion” entitled customs officers to detain goods pending tax enquiries – OUT-LAW.com

Posted June 13th, 2014 in customs and excise, fraud, judicial review, news, search & seizure, taxation by sally

‘Officers from HM Revenue and Customs (HMRC) are entitled to detain goods pending further investigation where they have “reasonable grounds to suspect” that excise duties have not been paid, the Supreme Court has confirmed.’

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OUT-LAW.com, 12th June 2014

Source: www.out-law.com

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Hire purchase agreement not necessarily supply of goods at the outset, UK tax tribunal rules – OUT-LAW.com

Posted May 20th, 2014 in consumer credit, news, sale of goods, taxation, tribunals, VAT by sally

‘Hire purchase (HP) agreements will not necessarily amount to a supply of goods for the purposes of VAT liability at the outset of the contract, the UK’s Upper Tax Tribunal has ruled.’

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OUT-LAW.com, 19th May 2014

Source: www.out-law.com

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