Case Comment: R (on the application of Haworth) v Commissioners for Her Majesty’s Revenue & Customs [2021] UKSC 25 – UKSC Blog

Posted July 29th, 2021 in appeals, HM Revenue & Customs, news, Supreme Court, tax avoidance, taxation by sally

‘In this post, Tim Sales, a partner in the Dispute Resolution team at CMS, and Hannah Jones, who works in the Tax team at CMS, comment on the decision handed down by the UK Supreme Court in the matter of R (on the application of Haworth) v Commissioners for Her Majesty’s Revenue and Customs [2021] UKSC 25.’

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UKSC Blog, 28th July 2021

Source: ukscblog.com

CGT and Divorce – changes ahead? – Family Law Week

Posted July 12th, 2021 in divorce, families, financial dispute resolution, news, taxation by tracey

‘Jo Carr-West and Lara Barton, partners at Hunters Law LLP, explain recent recommendations that would assist divorcing couples in minimising and managing the CGT implications of separating their financial affairs.’

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Family Law Week, 10th July 2021

Source: www.familylawweek.co.uk

Uncertainties remain over UK’s IR35 rules – OUT-LAW.com

Posted June 23rd, 2021 in employment, HM Revenue & Customs, news, remuneration, taxation by sally

‘Widespread changes to the UK’s IR35 off-payroll working rules came into force on 6 April 2021, and despite a 12-month delay to implementation, detailed HM Revenue and Customs (HMRC) guidance and subsequent amendments to the legislation, areas of uncertainty remain.’

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OUT-LAW.com, 21st June 2021

Source: www.pinsentmasons.com

Supreme Court clarifies law on tax ‘discovery’ assessments – OUT-LAW.com

Posted June 2nd, 2021 in appeals, HM Revenue & Customs, news, Supreme Court, taxation, time limits by sally

‘The UK Supreme Court has decided that disclosing information in the wrong box on a tax return but explaining it in the white space was not an inaccuracy, as the return had to be considered as a whole.’

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OUT-LAW.com, 1st June 2021

Source: www.pinsentmasons.com

Pension sharing orders: Finch v Baker – Family Law

Posted May 20th, 2021 in divorce, evidence, financial provision, news, pensions, taxation by tracey

‘The Court of Appeal judgment in Finch v Baker [2021] EWCA Civ 72 was released on 28 January 2021. The judgment provides some useful guidance on not being able to get what are essentially conduct arguments contrary to s25(g) through the back door by making “negative contribution” arguments, and it also highlights the importance of ensuring that you adduce and apply for the most appropriate and necessary evidence in advance of a hearing. Simply arguing that an updated pension report is needed, following an appeal hearing, on the basis that the pension sharing order made would not reflect the judge’s intentions as the CE figures would be significantly out of date, is insufficient and misconceived.’

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Family Law. 14th May 2021

Source: www.familylaw.co.uk

New Judgment: Commissioners for Her Majesty’s Revenue and Customs v Tooth [2021] UKSC 17 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal concerning issues surrounding the Taxes Management Act 1970.’

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UKSC Blog, 14th May 2021

Source: ukscblog.com

How will the new UK residential property developer tax work? – Practical Law: Construction Blog

‘On 29 April 2021, the government published a consultation on what is to be called the Residential Property Developer Tax (or RPDT). This sets out proposals for the design of a new tax to be charged on the largest residential property developers.’

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Practical Law: Construction Blog , 5th May 2021

Source: constructionblog.practicallaw.com

An Enlightened Approach to Taxpayer Confidentiality: The Story of the First Income Tax – Wilberforce Chambers

‘Confidentiality is a fundamental concept at the heart of the modern taxation system. The need to strike a balance between the taxpayer’s right to privacy and the requirement of HMRC to carry out its functions has been the subject of much legislation and litigation.[1] There has been an explosion in the exchange of information between revenue authorities of different countries and British politicians have for years been under pressure to emulate the tradition of American presidents publishing their tax returns. But there is nothing new under the sun: the introduction of income tax in Britain at the end of the 18th century was dominated by concerns over taxpayer confidentiality, which led to measures being developed which have left their mark on today’s income tax system.’

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Wilberforce Chambers, 6th April 2021

Source: www.wilberforce.co.uk

Meet the new fraud, same as the old fraud – Carmelite Chambers

Posted March 10th, 2021 in budgets, chambers articles, fraud, loans, news, taxation by sally

‘Mark Watson considers the latest Budget and outlines concerns about the scope for abuse and the response from the Government.’

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Carmelite Chambers, 5th March 2021

Source: www.carmelitechambers.co.uk

Money for Nothing? Crypto-assets and their Implications in Matrimonial and Private Client Work – Family Law Week

‘Helen Brander, barrister of Pump Court Chambers, considers the current treatment by the courts and taxation authorities of crypto-assets.’

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Family Law week, 3rd March 2021

Source: www.familylawweek.co.uk

Trusts, Probate and Estates: Non-Contentious Commentary – Wilberforce Chambers

‘The Chancellor of the Exchequer delivered his Budget yesterday afternoon. A number of tax measures were introduced to ease the financial burden on businesses and individuals. Some were simply extensions of short-term tax relief, including a holiday on business rates for 3 months, maintaining the £500,000 SDLT nil-rate band, and a freeze on alcohol and fuel duties. In this update, I focus on some longer-term measures designed to promote a post-Covid rebound.’

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Wilberforce Chambers, 4th March 2021

Source: www.wilberforce.co.uk

High Court: Covid self-employed support scheme does not unlawfully discriminate against women – UK Human Rights Blog

‘R (The Motherhood Plan and Anor) v HM Treasury [2021] EWHC 309 (Admin). In a judgment handed down on 17 February 2021, the High Court has ruled that the Self Employment Income Support Scheme (“the Scheme”) introduced during the coronavirus pandemic does not indirectly discriminate against self-employed women who have taken a period of leave relating to maternity or pregnancy in the last three tax years.’

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UK Human Rights Blog, 26th February 2021

Source: ukhumanrightsblog.com

Extensions to the Anti-Money Laundering Compliance Regime – Family Law Week

‘Matthew Moore, director of Infolegal, advises family lawyers of their obligations under anti-money laundering regulations following changes [to the] wording of what constitutes taxation advice.’

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Family Law Week, 24th November 2020

Source: www.familylawweek.co.uk

New Judgment: Test Claimants in the Franked Investment Income Group Litigation & Ors v Commissioners of Inland Revenue (1) [2020] UKSC 47 – UKSC Blog

‘The Supreme Court has unanimously allowed this long-awaited appeal arising in the course of long-running proceedings known as the Franked Investment Income (“FII”) Group Litigation. The FII Group Litigation brings together many claims concerning the way in which advance corporation tax and corporation tax used to be charged on dividends received by UK-resident companies from non-resident subsidiaries. The respondents to this appeal are claimants within the FII Group Litigation whose cases have been selected to proceed as test claims on certain common issues (“the Test Claimants”). These issues are being determined in phases, with the courts’ decisions affecting not just the other claims within the FII Group Litigation, but potentially also a number of other sets of proceedings brought by corporate taxpayers against the appellant, the Commissioners for Her Majesty’s Revenue and Customs (“HMRC”).’

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UKSC Blog, 20th November 2020

Source: ukscblog.com

Former BHS owner found guilty of tax evasion as he ‘funded yacht, Bentley and luxury holiday’ – The Independent

Posted November 6th, 2020 in bankruptcy, corporation tax, insolvency, news, pensions, tax evasion, taxation, VAT by tracey

‘The former owner of BHS has been convicted of evading tax on £2.2m of income he received from buying the failed high-street chain. Instead of paying the tax he knew he owed, Dominic Chappell, 53, spent a fortune on a luxury lifestyle that included a £90,000 yacht, a Bentley Continental car, a Bahamas holiday and some expensive Beretta guns, Southwark Crown Court heard.’

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The Independent, 5th November 2020

Source: www.independent.co.uk

Court of Appeal rules on ‘just and reasonable’ UK tax apportionment – OUT-LAW.com

Posted November 2nd, 2020 in appeals, apportionment, company law, news, oil wells, taxation by tracey

‘Any company with “lumpy” profits which would be disadvantaged by a time-based apportionment of oil-related profits for UK tax purposes is entitled to elect for a different profit apportionment method, the Court of Appeal has ruled.’

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Out-Law.com, 2nd November 2020

Source: www.pinsentmasons.com

Leicester garment factory bosses banned from running businesses for more than 400 years – The Guardian

Posted September 4th, 2020 in company directors, fraud, HM Revenue & Customs, insolvency, news, taxation by sally

‘Directors of clothing manufacturers in Leicester have been struck off for a combined total of more than 400 years in cases costing HMRC millions, data shared with the Guardian reveals.’

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The Guardian, 3rd September 2020

Source: www.theguardian.com

MPs urge action on lawyers who facilitate “aggressive tax avoidance” – Legal Futures

‘The lawyers and others who devise and market ineffective tax avoidance schemes are often breaking the law and a few legislative tweaks will make it easier to prosecute them, MPs have claimed.’

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Legal Futures, 11th August 2020

Source: www.legalfutures.co.uk

Covid 19: The impact of the crisis on competition law and tax issues in sport – Blackstone Chambers

Posted July 13th, 2020 in chambers articles, competition, coronavirus, news, sport, taxation by sally

‘The Covid 19 epidemic and consequential lockdown measures have had a disastrous impact on the seasons of winter and summer sports alike. To take but one example, Tottenham Hotspur Football Club has said that it envisages a loss of revenue of £200 million, prompting it to seek funds from the Covid Corporate Financing Facility. The combined impact on Premier League revenues as a whole is predicted in the Deloitte Annual Report for 2019-2020 to be around £1 billion. This article considers the potential impact of the Covid crisis on competition law and tax issues for sports clubs and regulatory bodies. It reflects some thoughts I gave for a Blackstone Chambers Sports Webinar on 25 June 2020.’

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Blackstone Chambers, 2nd July 2020

Source: www.sportslawbulletin.org

Covid 19: The impact of the crisis on competition law and tax issues in sport – Sports Law Bulletin from Blackstone Chambers

Posted July 2nd, 2020 in competition, coronavirus, news, sport, taxation by tracey

‘Covid 19: The impact of the crisis on competition law and tax issues in sport.’

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Sports Law Bulletin from Blackstone Chambers, 2nd July 2020

Source: www.sportslawbulletin.org