Upper Tribunal provides clarity on interpretation of double tax treaty provisions – OUT-LAW.com

Posted June 21st, 2024 in HM Revenue & Customs, interpretation, news, tax avoidance, taxation, tribunals by michael

‘A recent UK Upper Tribunal decision reaffirms the principles governing the application of double tax conventions and provides clarity on the interpretation of treaty provisions aimed at preventing tax avoidance, an expert has said.’

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OUT-LAW.com, 19th June 2024

Source: www.pinsentmasons.com

Ferguson-Davie & Edwards v HMRC: The proper construction of the carried interest provisions – Devereux Chambers

Posted June 12th, 2024 in chambers articles, HM Revenue & Customs, interest, news, taxation by sally

‘The FTT has now handed down its first decision regarding the proper construction of the carried interest provisions at Part III, Ch 5 of the Taxation of Chargeable Gains Act 1992 (TCGA 1992) and the transitional/grandfathering provision at s. 43 (2) Finance (No.2) Act 2015.’

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Devereux Chambers, 13th May 2024

Source: www.devereuxchambers.co.uk

Upper Tribunal rules on taxpayer liability for fixed penalty – OUT-LAW.com

Posted June 12th, 2024 in HM Revenue & Customs, news, notification, penalties, taxation, tribunals by sally

‘A recent UK Upper Tribunal decision highlights that as soon as there has been a failure to comply with an information notice, a taxpayer is automatically liable for a fixed penalty, even if the failure is short-lived, and HMRC can move straight to applying for a tax-related penalty, an expert has said.’

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OUT-LAW.com, 11th June 2024

Source: www.pinsentmasons.com

Angela Rayner cleared of criminal wrongdoing over sale of home – The Guardian

‘Angela Rayner has been cleared of criminal wrongdoing over claims she avoided tax on the sale of a home, with the Labour deputy leader criticising what she called the “desperate tactics” of Conservative MPs who urged police to investigate.’

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The Guardian, 28th May 2024

Source: www.theguardian.com

Judges reject HMRC appeal and rule firm’s marshmallows are not sweets – The Guardian

Posted April 24th, 2024 in appeals, food, HM Revenue & Customs, news, taxation, VAT by tracey

‘A food company has won a sweet-tasting victory against the UK tax authorities after a court decided that it did not have to pay VAT on its marshmallows because they were not confectionery.’

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The Guardian, 23rd April 2024

Source: www.theguardian.com

NHS parking charges should be free of VAT, Court of Appeal rules – OUT-Law.com

Posted March 27th, 2024 in appeals, HM Revenue & Customs, hospitals, news, parking, taxation, VAT by sally

‘A new ruling by the Court of Appeal could help NHS trusts across England recover VAT paid on parking charges imposed at their hospital sites, though there is the prospect of an appeal, tax experts have said.’

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OUT-LAW.com, 26th March 2024

Source: www.pinsentmasons.com

New legislation simplifies UK Construction Industry Scheme scope – OUT-LAW.com

Posted March 11th, 2024 in building law, construction industry, landlord & tenant, news, taxation by tracey

‘New rules outlined today are designed to simplify a UK tax regime that applies when tenants carry out certain construction works and where payment is made by landlords.’

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OUT-LAW.com, 8th March 2024

Source: www.pinsentmasons.com

Claimant “does not know” identity of funder backing her case – Legal Futures

‘The High Court has rejected an attempt to progress a challenge to a major international tax transparency measure where the claimant has refused to identify their litigation funder.’

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Legal Futures, 11th March 2024

Source: www.legalfutures.co.uk

VAT: burial, cremation and commemoration of the dead – Law & Religion UK

Posted March 6th, 2024 in burials and cremation, HM Revenue & Customs, news, taxation, VAT by sally

‘HMRC has updated Burial, cremation and commemoration of the dead (VAT Notice 701/32). It explains the VAT liability of funeral services, burials and cremations, goods and services connected with the commemoration of dead people, other goods and services connected with organising funerals, and other activities relating to the disposal of the remains of the dead, including transport of the deceased.’

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Law & Religion UK, 5th March 2024

Source: lawandreligionuk.com

Inheritance tax and the acceptance in lieu scheme – Mills & Reeve

Posted January 24th, 2024 in chambers articles, HM Revenue & Customs, inheritance tax, news, taxation by sally

‘A 500-year-old miniature Italian Renaissance bronze was recently donated to the Fitzwilliam Museum in Cambridge under the acceptance in lieu scheme – saving the family £10.5 million in inheritance tax. This unique donation is an excellent reminder of HMRC’s acceptance in lieu scheme and how beneficial it can be in inheritance tax mitigation.’

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Mills & Reeve, 24th January 2024

Source: www.mills-reeve.com

HMRC has not charged a single company over tax evasion under landmark legislation – The Guardian

Posted January 22nd, 2024 in corporation tax, enforcement, HM Revenue & Customs, news, tax evasion, taxation by tracey

‘HMRC has not charged a single company under landmark legislation passed six years ago to crack down on corporate tax evasion.’

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The Guardian, 20th January 2024

Source: www.theguardian.com

Judge defines Monster Munch in bizarre ruling on Walkers’ poppadoms – The Independent

Posted January 22nd, 2024 in appeals, food, news, taxation, VAT by tracey

‘A judge has ruled that Walkers’ poppadoms are crisps rather than the popular Indian food, as the company lost at a tax tribunal.’

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The Independent, 21st January 2024

Source: www.independent.co.uk

Lifetime allowance – abolished, but not quite! – Pensions Barrister

Posted January 11th, 2024 in budgets, news, pensions, taxation by sally

‘Even the most seasoned pensions tax expert will surely have found the period since the government’s announcement on pension tax in the Spring Budget of 15 March 2023 bewildering, as the number of hyperlinked documents in this article demonstrates.’

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Pensions Barrister, 11th January 2024

Source: www.pensionsbarrister.com

Woman who used nine ‘fabricated’ AI cases in court loses appeal – The Indepdendent

‘A woman who used nine “fabricated” ChatGPT cases to appeal against a penalty for capital gains tax has had her case rejected by a court.’

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The Independent, 14th December 2023

Source: www.independent.co.uk

Ruling indicates Upper Tribunal’s “narrow approach” towards windfarm capital allowances – OUT-LAW.com

Posted December 14th, 2023 in capital allowances, energy, news, statutory interpretation, taxation by sally

‘A ruling by the UK’s Upper Tribunal (UT) disallowing certain types of expenditure relating to windfarm projects from qualifying for plant and machinery tax allowances has indicated the tribunal’s “strict and narrow” interpretation of the provisions for qualifying expenditure.’

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OUT-LAW.com, 13th December 2023

Source: www.pinsentmasons.com

Litigant unwittingly put fake cases generated by AI before tribunal – Legal Futures

‘Nine authorities put before the First-tier Tribunal (FTT) by a litigant in person challenging a penalty from HM Revenue & Customs (HMRC) were fakes generated by an artificial intelligence (AI) system like ChatGPT, a judge has ruled.’

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Legal Futures, 7th December 2023

Source: www.legalfutures.co.uk

Court of Appeal backs taxpayer in share exchange anti-avoidance case – OUT-LAW.com

Posted November 10th, 2023 in appeals, HM Revenue & Customs, news, tax avoidance, taxation by tracey

‘The Court of Appeal in England has backed a taxpayer over its restructuring of a corporate transaction to facilitate tax savings on a share exchange scheme, confirming the earlier decisions of the tax tribunals.’

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OUT-LAW.com, 10th November 2023

Source: www.pinsentmasons.com

UK Mandatory Disclosure Rules (MDR) for cross-border tax avoidance arrangements – OUT-LAW.com

Posted October 16th, 2023 in brexit, disclosure, HM Revenue & Customs, news, tax avoidance, taxation, time limits by tracey

‘New UK rules requiring disclosure of cross-border tax avoidance arrangements have been introduced to replace DAC6, the EU’s mandatory disclosure regime. Under the new Mandatory Disclosure Rules (MDR), disclosure has been extended to include arrangements wholly outside the UK/EU.’

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OUT-LAW.com, 13th October 2023

Source: www.pinsentmasons.com

Court of Appeal: ongoing judicial review can be ‘reasonable excuse’ for late tax payment – OUT-LAW.com

Posted August 2nd, 2023 in appeals, delay, HM Revenue & Customs, judicial review, news, tax avoidance, taxation by sally

‘The existence of judicial review (JR) proceedings can, in the right circumstances, be a reasonable excuse for non-payment or late payment of UK tax, the Court of Appeal has confirmed.’

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OUT-LAW, 1st August 2023

Source: www.pinsentmasons.com

Ad watchdog takes action against tax repayment agents – The Independent

Posted May 31st, 2023 in advertising, HM Revenue & Customs, news, ombudsmen, taxation by sally

‘Ads for three tax agents have been banned for exaggerating refunds, being unclear about fees and failing to mention that clients were signing over rights to a cut of potential repayments from previous years.’

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The Independent, 30th May 2023

Source: www.independent.co.uk