Date cross border group relief claim is made, not end of accounting period, will determine claim success, says Supreme Court – OUT-LAW.com

Posted May 24th, 2013 in accounts, EC law, HM Revenue & Customs, news, subsidiary companies, taxation by tracey

“The date when a claim for cross border group relief is made should form the basis of a decision about one of the tests for granting that relief under EU law and not the date of the end of the accounting period in which the claim was made, the Supreme Court has ruled.”

Full story

OUT-LAW.com, 24th May 2013

Source: www.out-law.com

Commissioners for Her Majesty’s Revenue and Customs (Appellant) v Marks and Spencer plc (Respondent); Commissioners for Her Majesty’s Revenue and Customs (Respondent) v Marks and Spencer plc (Appellant) – Supreme Court

Commissioners for Her Majesty’s Revenue and Customs (Appellant) v Marks and Spencer plc (Respondent); Commissioners for Her Majesty’s Revenue and Customs (Respondent) v Marks and Spencer plc (Appellant) [2013] UKSC 30 (YouTube)

Supreme Court, 22nd May 2013

Source: www.youtube.com/user/UKSupremeCourt

Marks & Spencer plc v Revenue and Customs Commissioners – WLR Daily

Marks & Spencer plc v Revenue and Customs Commissioners [2013] UKSC 30; [2013] WLR (D) 191

“The inquiry as to whether a parent company established in the United Kingdom was entitled to cross-border group relief in respect of the losses of its non-resident subsidiaries was to be conducted on the basis of the circumstances existing as at the date of its claim, and not at the end of the accounting period in which those losses crystallised.”

WLR Daily, 22nd May 2013

Source: www.iclr.co.uk

Shurely shome mishtake? – 4 New Square

Posted May 21st, 2013 in mistake, news, setting aside, Supreme Court, taxation, trusts by sally

“The Supreme Court’s decision on mistake and the flawed exercise of discretion by trustees, and the impact of the decision on professional advisers and their insurers.”

Full story (PDF)

4 New Square, 17th May 2013

Source: www.4newsquare.com

UK Uncut loses legal challenge over Goldman Sachs tax deal with HMRC – The Guardian

Posted May 16th, 2013 in HM Revenue & Customs, illegality, judicial review, news, taxation by sally

“Campaign group UK Uncut Legal Action has lost its high court challenge over the legality of the ‘sweetheart’ tax deal between HM Revenue and Customs and Goldman Sachs.”

Full story

The Guardian, 16th May 2013

Source: www.guardian.co.uk

Pitt and another v Holt and another; Futter and another v Futter and others – WLR Daily

Posted May 14th, 2013 in financial advice, law reports, mistake, Supreme Court, taxation, trusts by sally

Pitt and another v Holt and another; Futter and another v Futter and others [2013] UKSC 26; [2013] WLR (D) 172

“The court’s jurisdiction to intervene in a decision made by trustees who were acting within their power arose only if they could be shown to have acted in breach of duty. Trustees who wished to exercise a discretion which was within their powers and sought and acted on the advice of apparently competent professional advisers not in breach of duty merely because the professional advice turned out to be incorrect.”

WLR Daily, May 2013

Source: www.iclr.co.uk

Futter and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent); Pitt and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent) – Supreme Court

Posted May 10th, 2013 in law reports, mistake, Supreme Court, taxation, trusts by sally

Futter and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent); Pitt and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent) [2013] UKSC 26 (YouTube)

Supreme Court, 9th May 2013

Source: www.youtube.com/user/UKSupremeCourt

Tax scandal threatens charity donations – The Independent

Posted May 9th, 2013 in charities, Charity Commission, news, taxation by tracey

“The Charity Commission’s handling of a high-profile tax-avoidance scandal that saw shockingly little donated money reach good causes has put charities at risk of losing the public’s confidence – and consequently their money, one of the leading figures in the sector has warned.”

Full story

The Independent, 8th May 2013

Source: www.independent.co.uk

Judges to rule on HMRC’s tax deal with Goldman Sachs – BBC News

Posted May 2nd, 2013 in HM Revenue & Customs, illegality, judicial review, news, taxation by sally

“Judges are being asked to decide if HM Revenue and Customs (HMRC) acted illegally by letting investment bank Goldman Sachs off part of its tax bill.”

Full story

BBC News, 2nd May 2013

Source: www.bbc.co.uk

Child Support: Here Comes the New Gross Income Scheme – Family Law week

Posted April 29th, 2013 in child support, news, regulations, remuneration, taxation by tracey

“Jody Atkinson TEP, barrister at St John’s Chambers, Bristol considers the new Child Support Gross Income Scheme.”

Full story

Family Law Week, 26th April 2013

Source: www.familylawweek.co.uk

UK Government begins legal challenge to European financial transaction tax – OUT-LAW.com

Posted April 23rd, 2013 in banking, EC law, news, taxation by sally

“The UK Government is challenging a proposed financial transaction tax (FTT) between 11 EU member states, saying that the plans do not respect the rights of countries not participating in the regime.”

Full story

OUT-LAW.com, 22nd April 2013

Source: www.out-law.com

Osborne in legal challenge to European Commission over financial transaction tax – The Independent

Posted April 22nd, 2013 in EC law, jurisdiction, news, taxation by sally

“Chancellor George Osborne said an application had been lodged at the European Court of Justice to challenge the decision allowing 11 members of the European Union to press ahead with the plans.”

Full story

The Independent, 20th April 2013

Source: www.independent.co.uk

Put away the measuring tape – it’s time for greater codification – Halsbury’s Law Exchange

Posted April 15th, 2013 in Law Commission, legislation, news, taxation by sally

“Ever since I was a law student, it has been an annual ritual of the newspapers to buy a copy of the Tolley Tax Handbook and measure how much fatter the tax laws have become. Red tape seems inevitable, regulation grows by half an inch or so each year and business bemoans this lack of simplicity. So why does no-one ask the same thing of statutes and case law? Couldn’t this all be simplified by codification?”

Full story

Halsbury’s Law Exchange, 12th April 2013

Source: www.halsburyslawexchange.co.uk

Investment Trust Companies (in liquidation) v Revenue and Customs Comrs – WLR Daily

Posted April 2nd, 2013 in law reports, restitution, taxation, VAT by sally

Investment Trust Companies (in liquidation) v Revenue and Customs Comrs [2013] EWHC 665 (Ch); [2013] WLR (D) 125

“The scope of the cause of action in the law of restitution to recover tax which has been unlawfully exacted should be confined to those who themselves paid the sums to a public authority in response to an apparent statutory requirement to do so.”

WLR Daily, 26th March 2013

Source: www.iclr.co.uk

Family Law Week’s Budget Briefing 2013 – Family Law Week

Posted March 21st, 2013 in benefits, budgets, families, news, social security, taxation by sally

“Jan Ellis, chartered accountant, of Ellis Foster LLP, a firm which specialises in advising family lawyers on tax-related family law issues, explains the budget changes of most relevance to practitioners.”

Full story

Family Law Week, 20th March 2013

Source: www.familylawweek.com

No tax for Castle Howard painting as judge rules it is ‘plant or machinery’ – Daily Telegraph

Posted March 19th, 2013 in artistic works, capital gains tax, news, taxation by tracey

“The custodians of North Yorkshire stately home Castle Howard have won a tribunal
battle to avoid paying tax on the £9.4m sale of a painting, after a judge ruled
it a piece of ‘plant or machinery’ integral to attracting visitors.”

Full story

Daily Telegraph, 19th March 2013

Source: www.telegraph.co.uk

Foulser v Her Majesty’s Revenue and Customs – WLR Daily

Foulser v Her Majesty’s Revenue and Customs [2013] UKUT 038 (TCC); [2013] WLR (D) 51

“The First-tier Tribunal had jurisdiction to deal with an allegation that a fair hearing of a tax appeal before it had been made impossible, but any contention that a party had acted unlawfully in public law had to be put forward by way of an application for judicial review in the High Court or the Upper Tribunal. In a case where the FTT considered that a debarring order was justified and no lesser order would meet the justice of the case but yet, the facts of the case did not come within Rules 7 and 8 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the FTT could produce the desired just result by using its power under Rule 5 to ‘regulate its procedure’, particularly to deal with the case fairly and justly.”

WLR Daily, 25th January 2013

Source: www.iclr.co.uk

Just Markets – Gresham College Lecture

Posted February 7th, 2013 in civil justice, competition, news, poverty, speeches, taxation by sally

“This lecture focuses on the question of whether justice in relation to markets is entirely to be seen as being procedural – that justice is a matter of securing the conditions of non-coercive economic exchange between free individuals. Or is justice also about social justice- that is to say about the proper distribution of resources and a concern about the outcomes of markets? If justice is about social as well as procedural justice how can we arrive at criteria for distributive justice if all moral values are seen as subjective? Should we not rather see market outcomes, in the words of the economist Fred Hirsch as being ‘in principle unprincipled’?”

Transcript

Lecture by Professor the Lord Plant of Highfield

Gresham College, 29th January 2013

Source: www.gresham.ac.uk

Gambling firms start legal fund to fight government tax crackdown – The Independent

Posted February 6th, 2013 in EC law, gambling, internet, news, taxation by sally

“Gambling executives are planning to spend hundreds of thousands of pounds to keep open a tax loophole estimated to cost British taxpayers £250m a year.”

Full story

The Independent, 5th February 2013

Source: www.independent.co.uk

Regina (Prudential plc and another) v Special Comr of Income Tax and another (Institute of Chartered Accountants and others intervening) – WLR Daily

Posted January 25th, 2013 in accountants, financial advice, law reports, legal profession, privilege, taxation by tracey

Regina (Prudential plc and another) v Special Comr of Income Tax and another (Institute of Chartered Accountants and others intervening): [2013] UKSC 1;   [2013] WLR (D)  20

“Legal advice privilege would not be extended to communications in connection with advice given by professional people other than members of the legal profession, even where that advice was legal advice which the professional person was qualified to give.”

WLR Daily, 23rd January 2013

Source: www.iclr.co.uk