Case reports

Tax / Case: HMRC knocked back over failure to comply with 'unless order'

When HMRC over-reaches its powers, the courts do take action as happened in the recent long-running BPP [2018] TC 06632 case subject to an unless order barring the tax authority from tribunal proceedings. Stan Dencher, specialist tax writer at Croner-i, examines the case

Tax / FTT cannot rule on self assessment refusal

The First Tier Tribunal (FTT) has determined that it has no jurisdiction on whether HMRC accepts or rejects self assessment tax returns in the case of a shop owner who failed to file his returns for 16 years running and was then subject to a bankruptcy petition

Tax / Tribunal confusion over BlackRock VAT for financial services case

A dispute between investment management firm BlackRock and HMRC over VAT on financial services has seen the case referred to the European Court of Justice (CJEU) after the Upper Tribunal failed to reach a verdict, reports James Bunney

Tax / Upper Tribunal rejects QC tax penalty appeal

The Upper Tribunal has dismissed an appeal against HMRC by a QC over penalty notices, with implications for self-employed workers facing cash flow difficulties and outstanding tax liabilities

Tax / Tax updates: January 2019

This month's review of tax cases, including a dismissed R&D allowance appeal in a partnership, an upheld surcharge for unauthorised payments in McCashin, and a gifted property sub-lease subject to inheritance tax in The Estate of Lady Hood

Tax / VAT updates: January 2019

Graham Elliott CTA (Fellow), director at City and Cambridge Consultancy, examines a selection of VAT cases from VAT and hire purchase on secondary sale of cars in VW Financial Services, input VAT evidence in XipVit and retail vouchers under scrutiny

Tax / Uber loses landmark employment rights appeal

The upholding of an earlier judgment by the Court of Appeal means that two former Uber drivers should have been treated as permanent staff and were entitled to receive the national minimum wage and holiday pay, with significant implications for the gig economy

Tax / Football agents score with EU VAT appeal

A German football agency has had its appeal upheld by the Court of Justice for the European Union (CJEU) after disputing whether the VAT liability of the services it provided to clubs hinged on the time of supply or when they were completed

Tax / Voluntary return policy to get statutory footing

Meg Wilson CTA, tax writer at Croner-i, looks at why HMRC’s existing policy on voluntary returns is being legislated for, including cases which have concluded that unsolicited tax returns are not valid, and what impact this change will have on UK taxpayers and tax advisors

Tax / Human rights appeal on inheritance tax dismissed

The First Tier Tribunal (FTT) has dismissed an appeal by businessman Arron Banks that HMRC had breached his human rights by assessing him liable to inheritance tax (IHT) for donations made to UKIP in the period following the 2010 election

Tax / Tax updates: December 2018

In our monthly roundup of tax cases, a FTT decision on ‘period of ownership’ of an off-plan apartment overturned in Higgins, FTT allows new argument not heard in previous appeals in Vaccine Researcher Ltd Partnership and livery business eligible for business property relief

Tax / Appeal sees HMRC penalties knocked down to size

The First Tier Tribunal (FTT) has ruled that HMRC’s interpretation of legislation when calculating the penalty for a late self-assessment return was incorrect, reducing a contested £3,200 penalty to £600 in the case of a former taxi driver

Tax / Supermarkets win £500m business rates appeal

The court of appeal has ruled that cash machines located both inside and outside stores should not be assessed for additional business rates on top of normal rates

Tax / GAAR clamps down on salary payments using loans

The independent general anti-abuse rule (GAAR) advisory panel has issued two rulings setting out its views on abuse of employee and contractor loan agreements which are used to reduce tax liability

Tax / Tax updates: November 2018

This month's review of tax cases and tax news including penalties determined by HMRC computers ruled invalid, HMRC launches full blown MTD VAT trial, CGT entrepreneurs’ relief denied as voting rights held for less than a year
Subscribe