First Tier Tribunal (Tax Chamber) – Payment of Tax or Hardship Application not Required to Lodge Notice of Appeal – 23 Essex Street

Posted September 1st, 2022 in appeals, chambers articles, news, notification, repayment, taxation, VAT by sally

‘On 19 May 2017 HMRC decided that SNMP was not entitled to repayments of input tax claimed in respect of ten accounting periods and issued assessments for £312,377. That decision was later confirmed following a statutory review under sections 83A-G Value Added Tax Act 1994 (“VATA”). The solicitors for SNMP submitted a notice of appeal on 18 August 2017 but an application for hardship was not made nor had the amount in dispute been paid. As a consequence the FTT returned the appeal. The solicitors for SNMP re-submitted the appeal on 31 August 2017 but the disputed tax had still not been paid and neither had a hardship application been made. On the same date the FTT returned the appeal for the same reason as before by e-mail. Unfortunately the FTT used the wrong e-mail address for the solicitor and it was never received.’

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23 Essex Street, 25th August 2022

Source: www.23es.com

Football clubs warned over tax risk from dual-role agents – OUT-LAW.com

Posted August 22nd, 2022 in contracts, HM Revenue & Customs, news, sport, taxation by tracey

‘Football clubs in the UK have been warned that they may be underpaying tax owed in respect of player contracts in cases where agents have represented both them and the player in the contract negotiations.’

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OUT-LAW.com, 19th August 2022

Source: www.pinsentmasons.com

Supreme Court decision highlights complexity of the UK’s tax system – OUT-LAW.com

Posted August 17th, 2022 in appeals, corporation tax, HM Revenue & Customs, news, Supreme Court, taxation by sally

‘A recent UK Supreme Court decision is a reminder of some of the issues that need to be considered when calculating UK corporation tax profits whilst also highlighting the complexity of the UK’s tax system.’

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OUT-LAW.com, 15th August 2022

Source: www.pinsentmasons.com

MoR proposes ‘major new project’ to boost blockchain – Law Society’s Gazette

‘Putting tax payments or property transactions on blockchain – or issuing a Bank of England-backed digital currency – would help entrench English law as the forum of choice for resolving crypto disputes, the master of the rolls has said in a constitutionally daring intervention into policy-making.’

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Law Society's Gazette, 26th July 2022

Source: www.lawgazette.co.uk

FCA investigates Wise co-founder after tax default – The Guardian

‘The UK’s financial regulator is investigating the co-founder of payments company Wise after he failed to pay his taxes.

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The Guardian, 27th June 2022

Source: www.theguardian.com

EV charging infrastructure – construction, projects, planning and tax issues – Practical Law: Construction Blog

‘In the third and final blog in our series looking at common queries on the roll out of EV infrastructure (see our previous blogs on progress and challenges and landlord and tenant issues) we focus on construction, planning and tax aspects.’

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Practical Law: Construction Blog, 11th May 2022

Source: constructionblog.practicallaw.com

Taxing Issues – The Impact of The Thornhill Case – Hailsham Chambers

Posted April 7th, 2022 in chambers articles, indemnities, news, taxation by sally

‘In this case note, Simon Howarth QC discusses the recent case of McLean v Thornhill and considers the wider implications of this important judgment, both in the context of claims arising out of failed tax schemes and more generally.’

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Hailsham Chambers, 31st March 2022

Source: www.hailshamchambers.com

UK owes EU money over customs fraud, court rules – BBC News

Posted March 9th, 2022 in fraud, HM Revenue & Customs, news, taxation by sally

‘The UK faces making a potentially hefty payment to the EU after its top court ruled it did too little to prevent fraud on imports of Chinese clothing.’

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BBC News, 8th March 2022

Source: www.bbc.co.uk

Case Preview: Commissioners for Her Majesty’s Revenue and Customs v NCL Investments Ltd and another – UKSC Blog

Posted February 23rd, 2022 in appeals, corporation tax, HM Revenue & Customs, news, Supreme Court, taxation by sally

‘In this post, Andre Anthony, a senior associate in the Tax team at CMS, previews the decision awaited from the UK Supreme Court in Commissioners for Her Majesty’s Revenue and Customs v NCL Investments Ltd and another EWCA Civ 663. The appeal was heard by the Supreme Court on 25 and 26 January 2022. The Supreme Court was asked to consider whether accounting debits relating to the grant of share options to employees are a deductible expense for corporation tax purposes.’

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UKSC Blog, 21st February 2022

Source: ukscblog.com

Expect forward-looking UK corporate tax reform in coming months – OUT-LAW.com

Posted February 18th, 2022 in consultations, corporation tax, government departments, news, taxation by sally

‘This year may finally provide the UK chancellor of the exchequer, Rishi Sunak, with an opportunity to develop medium to long-term strategic corporate tax policies.’

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OUT-LAW.com, 17th February 2022

Source: www.pinsentmasons.com

Self-Employment Support Scheme appeal dismissed – UK Human Rights Blog

‘R. (on the application of Motherhood Plan) v HM Treasury [2021] EWCA Civ 1703. In a judgment handed down on 24 November 2021, the Court of Appeal dismissed an appeal concerning the lawfulness of the Self-Employment Income Support Scheme (“the Scheme”) which was introduced by the Government in April 2020 during the first lockdown as part of its response to the Covid-19 pandemic.’

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UK Human Rights Blog, 17th January 2022

Source: ukhumanrightsblog.com

Leaseholders will not have to pay to fix any fire risks, government pledges – The Guardian

Posted January 11th, 2022 in defective premises, fire, health & safety, leases, news, repairs, taxation by tracey

‘New legislation will protect leaseholders from the costs of all post-Grenfell building safety defects, not just combustible cladding, the government has said.’

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The Guardian, 10th January 2022

Source: www.theguardian.com

The public law jurisdiction of the UK First-tier Tribunal in VAT cases – OUT-LAW.com

Posted October 6th, 2021 in HM Revenue & Customs, judicial review, jurisdiction, news, taxation, tribunals, VAT by sally

‘The UK’s First-tier tax Tribunal (FTT) has no general jurisdiction to judicially review decisions made by HM Revenue & Customs (HMRC), but it can consider public law arguments in some VAT appeals within its jurisdiction, the Upper Tribunal (UT) has said.’

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OUT-LAW.com, 5th October 2021

Source: www.pinsentmasons.com

Government to take over Southeastern after ‘serious’ breach of franchise – The Guardian

Posted September 28th, 2021 in fraud, nationalisation, news, railways, taxation by sally

‘The government is taking over the running of Southeastern railway services from Go-Ahead after discovering a “serious” breach of the franchise agreement.’

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The Guardian, 28th September 2021

Source: www.theguardian.com

Court of Appeal: film partnerships were trading with a view to profit – OUT-LAW.com

‘Two film partnerships were carrying on a trade with a view to profit, meaning that loss relief was available to individual investors, the Court of Appeal has decided, restoring a decision of the First-tier Tribunal (FTT).’

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OUT-LAW.com, 26th August 2021

Source: www.pinsentmasons.com

Case Comment: Tinkler v Commissioners for Her Majesty’s Revenue and Customs [2021] UKSC 39 – UKSC Blog

Posted August 26th, 2021 in accountants, agency, estoppel, news, notification, service, 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 Tinkler v Commissioners for Her Majesty’s Revenue and Customs [2021] UKSC 39, which concerned whether estoppel by convention applied to prevent the taxpayer disputing that HMRC had validly served a notice of enquiry.’

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UKSC Blog, 25th August 2021

Source: ukscblog.com

Third party tax information notices taxpayers have no right to attend hearing – OUT-LAW

Posted August 11th, 2021 in appeals, HM Revenue & Customs, news, taxation, third parties, tribunals by tracey

‘The tax tribunal has no power to direct that an application by HM Revenue & Customs (HMRC) for a third party information notice be held “inter partes”, that is with the taxpayer or the third party present, the Court of Appeal has confirmed.’

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OUT-LAW.com, 10th August 2021

Source: www.pinsentmasons.com

Research Briefing: Stamp duty land tax on residential property – House of Commons Library

Posted August 11th, 2021 in housing, news, parliament, stamp duty, taxation by tracey

‘This Commons Library paper discusses the way that sales of residential property are taxed, and a series of reforms that have been introduced to stamp duty land tax in recent years.’

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House of Commons Library, 10th August 2021

Source: commonslibrary.parliament.uk

Supreme Court clarifies when tax follower notice can be issued – OUT-LAW.com

‘The UK Supreme Court has upheld the quashing of a “follower notice” that would have required a taxpayer to settle his tax dispute on the basis of a ruling in a different tax case, or to face a large penalty if his dispute was ultimately unsuccessful.’

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OUT-LAW.com, 6th August 2021

Source: www.pinsentmasons.com

New Judgment: Tinkler v Commissioners for Her Majesty’s Revenue and Customs [2021] UKSC 39 – UKSC Blog

Posted August 3rd, 2021 in accountants, agency, estoppel, news, service, Supreme Court, taxation by sally

‘The Supreme Court has unanimously allowed this appeal addressing whether a taxpayer is prevented from challenging the validity of an enquiry into their tax return by HMRC where both parties have proceeded, for nearly a decade, on the mistaken assumption that the enquiry was validly initiated by a letter sent to the taxpayer.’

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UKSC Blog, 30th July 2021

Source: ukscblog.com