VAT reverse charge – Practical Law: Construction Blog

Posted September 5th, 2019 in construction industry, HM Revenue & Customs, news, VAT by tracey

‘Coming into effect on 1 October 2019, the reverse charge in relation to building and construction services is set to bring about a major change in how VAT is handled in the construction sector. All those involved – including developers – need to be aware of when it will apply and how it will work.’

Full Story

Practical Law: Construction Blog, 3rd September 2019


Discovery assessments: the Court of Appeal in Tooth –

Posted June 24th, 2019 in appeals, documents, HM Revenue & Customs, news, tax evasion, taxation, time limits by tracey

‘The Court of Appeal decided in the Tooth case that finding a different reason for under assessment or a different mechanism for assessing an insufficiency of tax HMRC already knew about was not enough to enable HMRC to issue a discovery assessment.’

Full Story, 21st June 2019


Tribunal confirms surcharge on pension liberation scheme user –

Posted May 30th, 2019 in HM Revenue & Customs, loans, news, penalties, pensions, taxation by tracey

‘An unauthorised payment surcharge imposed on an individual who participated in a pension liberation scheme was confirmed by the tax tribunal as it said the individual had not acted reasonably in entering into the scheme.’

Full Story, 29th May 2019


Entrepreneurs’ Relief: preference shares were ‘ordinary share capital’, says Tribunal –

Posted May 28th, 2019 in dividends, HM Revenue & Customs, news, shareholders, taxation, tribunals by tracey

‘Preference shares which carried the right to a fixed cumulative preferential dividend were ‘ordinary share capital’ for the purposes of calculating entrepreneurs’ relief, the First-tier Tribunal has decided.’

Full Story, 24th May 2019


Tribunal rules on HMRC’s excise warehousekeeper approval revocation –

Posted April 11th, 2019 in customs and excise, HM Revenue & Customs, news, warehousing by sally

‘The UK tax tribunal has found that HM Revenue & Customs (HMRC) acted unreasonably in revoking certain approvals of an excise warehousekeeper, in a case concerning logistics provider Kammac plc and ordered HMRC to conduct a further review of its decision.’

Full Story, 10th April 2019


Tax tribunal: presenter Lorraine Kelly not ’employee’ of ITV –

‘TV presenter Lorraine Kelly has won an employment tax case against HM Revenue and Customs (HMRC), after the first-tier tribunal found that she was not an ’employee’ of ITV to whom the IR35 disguised employment provisions should apply.’

Full Story, 22nd March 2019


Lorraine Kelly wins £1.2m tax case against HMRC over ITV work – BBC News

‘Lorraine Kelly has won a row over a £1.2m tax bill, after a judge ruled she was not employed by ITV, but performs as her “chatty” TV persona.’

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BBC News, 21st March 2019


Supreme Court: income tax must be deducted from creditor interest –

‘Income tax must be deducted before administrators can pay out statutory interest to the creditors of an insolvent company, the UK’s highest court has confirmed.’

Full Story, 14th March 2019


Taxpayers have no right to attend hearing to approve HMRC information notices –

‘UK taxpayers and third parties have no right to attend a tax tribunal hearing to consider the issue of notices by HM Revenue & Customs (HMRC) requiring the provision of information relevant to tax enquiries, the first-tier tax tribunal has decided.’

Full Story, 12th December 2018


Tribunal refuses to hear preliminary issue in bank payroll tax case –

‘A procedural point on whether HM Revenue & Customs (HMRC) had validly given notices of enquiry within the requisite time limits should not be heard separately as a preliminary issue, the First-tier Tax Tribunal (FTT) has decided in a case concerning bank payroll tax (BPT).’

Full Story, 7th December 2018


HMRC treating taxpayers unfairly, House of Lords report says – The Independent

Posted December 4th, 2018 in HM Revenue & Customs, news, select committees, tax avoidance, tax evasion by tracey

‘Taxpayers are being treated unfairly by HMRC, according to a new House of Lords report, which also warns that the government’s tax collection arm has become too powerful.’

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The Independent, 4th December 2018


800 BBC presenters could face tax investigations, says watchdog – BBC News

‘About 800 BBC TV and radio presenters could face tax investigations over their employment status after a failure by the broadcaster to clear up its payments system, Whitehall’s spending watchdog has said. The National Audit Office said HM Revenue and Customs had opened approximately 100 investigations into BBC-related personal service companies (PSCs) after concerns were raised that they may have broken tax rules.’

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BBC News, 15th November 2018


HMRC seizes assets from almost 3,000 businesses as government ramps up pressure on late tax payment – The Independent

Posted October 15th, 2018 in assets recovery, debts, HM Revenue & Customs, news, repayment, statistics, taxation by tracey

‘HM Revenue and Customs seized assets from 2,833 businesses last year as the government ramps up pressure on firms not paying tax on time. The number of firms facing asset seizures jumped 45 per cent from 2016/17 and has increased more than fourfold since 2014/15.’

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The Independent, 15th October 2018


HMRC seeking ‘unprecedented’ information request powers –

‘HM Revenue and Customs (HMRC) in the UK is seeking “unprecedented” powers to obtain information about taxpayers without independent oversight from the tax tribunal, a tax expert has said.’

Full Story, 12th July 2018


Information exchanges driving up serious tax evasion cases –

‘The number of serious tax evasion cases identified by HM Revenue and Customs (HMRC) increased by over one fifth last year, as HMRC has begun to receive more information about taxpayers with offshore bank accounts.’

Full Story, 30th May 2018


Privilege in tax avoidance disputes –

Posted May 10th, 2018 in disclosure, HM Revenue & Customs, news, privilege, tax avoidance, tribunals by sally

‘In UK tax avoidance disputes there are practical difficulties in asserting legal privilege to prevent legal advice being disclosed to HM Revenue & Customs (HMRC) where the taxpayer has to explain the motivations behind a transaction, but properly asserting privilege should never be seen as being ‘uncooperative’.’

Full Story, 9th May 2019


Case Preview: Project Blue Ltd v HMRC – UK Supreme Court Blog

Posted March 15th, 2018 in appeals, HM Revenue & Customs, news, tax avoidance, taxation by tracey

‘Steven Sieff, consultant in the tax team at CMS, offers a preview of the decision awaited in Project Blue Ltd v Commissioners for Her Majesty’s Revenue and Customs.’

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UK Supreme Court Blog , 13th March 2018


Court of Appeal dismisses challenges to accelerated payment notices –

Posted December 18th, 2017 in appeals, HM Revenue & Customs, news, notification, taxation by sally

‘The Court of Appeal has dismissed two challenges to the issue by the UK’s HM Revenue & Customs (HMRC) of notices requiring the payment of disputed tax upfront. The Court dismissed the taxpayers’ appeals against two High Court decisions rejecting judicial review challenges to the issue of accelerated payment notices (APNs) and partner payment notices (PPNs).’

Full Story, 15th December 2017


Termination payments to Spurs players not subject to national insurance, Tribunal confirms –

‘Payments to two footballers for early termination of fixed term contracts were taxable as termination payments and not as general earnings, even though the contracts envisaged early termination by mutual consent, the UK’s Upper Tribunal has decided, upholding an early First-Tier tribunal decision.’

Full Story, 4th December 2017


A Case of Little Interest? The Supreme Court’s Judgment in Littlewoods – Blackstone Chambers

Posted November 23rd, 2017 in appeals, HM Revenue & Customs, interest, news, Supreme Court, time limits, VAT by sally

‘The Supreme Court (‘SC’) on 1 November 2017 handed down judgment in Littlewoods Ltd and others v. HMRC [2017] UKSC 70. In a judgment of Lords Reed and Hodge (with whom Lords Neuberger, Clarke and Carnwath) agreed, the SC has unanimously allowed HMRC’s appeal against the decisions below of both Henderson J and the Court of Appeal (Arden, Patten and Floyd LJJ). The headline grabbing outcome is that approximately £17 billion of compound interest does not have to be paid by the Revenue to taxpayers who overpaid VAT and made Fleming claims for recovery. But the SC’s reasoning is of much wider interest.’

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Blackstone Chambers, 2nd November 2017