Case Comment: DCM (Optical Holdings) Ltd v Commissioners for His Majesty’s Revenue and Customs [2022] UKSC 26 – UKSC Blog

Posted January 24th, 2023 in amendments, news, repayment, Scotland, Supreme Court, taxation, time limits by sally

‘In this post, Neal Chandru, an Associate in the Tax team at CMS, comments on the case of DCM (Optical Holdings) Ltd (“DCM”) v Commissioners for his Majesty’s Revenue and Customs (“HMRC”) [2022] UKSC 26 – handed down on 12 October 2022.’

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UKSC Blog, 23rd January 2023

Source: ukscblog.com

When is a contractor not a contractor? – OUT-LAW.com

Posted January 13th, 2023 in contract of employment, contracting out, contracts, employment, news, taxation by tracey

‘It is essential that contractors, and anyone hiring contractors or consultants, in the UK understand what could give rise to UK employment law obligations.’

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OUT-LAW.com, 12th January 2023

Source: www.pinsentmasons.com

Large award of damages and/or equitable compensation ordered against the perpetrators of a labour supply fraud (Umbrella Care Ltd v Nisa and ors) – Gatehouse Chambers

Posted January 10th, 2023 in chambers articles, company directors, compensation, damages, fraud, news, taxation by sally

‘Dispute Resolution analysis: A large award of damages and/or equitable compensation has been made against the directors and connected companies of a company which was used to perpetrate a large scale labour supply fraud against HMRC.’

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Gatehouse Chambers, 21st December 2022

Source: gatehouselaw.co.uk

“Spent” golden contract means enterprise zone allowances disallowed – OUT-LAW.com

Posted November 14th, 2022 in appeals, contracts, corporation tax, income tax, news, taxation, time limits by tracey

‘Investors behind the construction of two data centres could not claim Enterprise Zone allowances (EZAs) on the expenditure they incurred because it was deemed to have been incurred under a contract entered into outside of the statutory window for claiming the allowances.’

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OUT-LAW.com, 11th November 2022

Source: www.pinsentmasons.com

Case Preview: News Corp UK & Ireland Limited v Commissioners for His Majesty’s Revenue and Customs – UKSC Blog

Posted November 2nd, 2022 in appeals, HM Revenue & Customs, media, news, Supreme Court, taxation, VAT by sally

‘In this post, Jack Prytherch, Of Counsel in the Tax team at CMS, previews the case of News Corp UK & Ireland Limited v Commissioners for His Majesty’s Revenue and Customs, which is scheduled to be heard on 22 and 23 November 2022.’

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UKSC Blog, 31st October 2022

Source: ukscblog.com

Will your UK damages be taxable? – OUT-LAW.com

Posted October 12th, 2022 in capital gains tax, damages, income tax, news, taxation by tracey

‘Awards and settlements in commercial disputes can be taxable in the claimant’s hands. The tax treatment of damages should be considered at an early stage as this may need to be factored into the amount claimed. Tax also needs to be considered in settlement negotiations to ensure the offer is enough.’

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OUT-LAW.com, 11th October 2022

Source: www.pinsentmasons.com

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