Case reports

Tax / Is HMRC getting the upper hand over taxpayers in IR35 cases?

Mark Cawthron LLB CTA examines a series of recent case decisions from celebrity TV presenters to IT contractors to understand the reasoning behind the rulings on use of personal service companies, and HMRC’s one in three success rate

Tax / IT contractor loses £75k IR35 appeal

HMRC has won a First Tier Tribunal (FTT) against an IT contractor who contested almost £75,000 in taxes and national insurance contributions (NICs) due under off-payroll rules

Tax / VAT updates: March 2020

In this month’s VAT updates, Graham Elliott considers charity construction relief in Marlow Rowing Club, HMRC’s reaction to the News Corp decision and the supply of medics in Archus Trading Ltd

Tax / TV presenter Eamonn Holmes loses IR35 appeal

Veteran TV presenter Eamonn Holmes has lost a First Tier Tribunal (FTT) appeal regarding his status as a freelancer under IR35 rules, with the judge determining his contract with ITV’s This Morning programme amounted to employment

Tax / Accountant loses appeal over £1.2m goodwill claim

An accountant has been left facing a potential £431,400 tax bill after losing a case at First Tier Tribunal (FTT) over a claim for goodwill on the sale of his business, with HMRC arguing it did not exist

Tax / Vodafone’s Indian operation hit with £5.4bn tax bill

Telecom giant Vodafone’s Indian operations are in jeopardy following a court ruling requiring the company to immediately pay billions in unpaid tax and interest

Tax / HMRC information notices: resistance is futile?

A dispute between a taxpayer and HMRC over the format of tax data provided for an information notice for disclosure under schedule 36 of Finance Act 2008 could only be resolved at a tax tribunal. Neil Tipping, senior tax consultant at Croner Taxwise, examines the issues

Tax / Class action over Alchemy avoidance scheme planned

A Midlands law firm is set to take a group action suit against a tax planning scheme which cost the taxpayer up to £110m in related cases

Tax / VAT updates: February 2020

In this month’s VAT updates, Graham Elliott considers digital newspapers in News Corp v HMRC, ongoing DIY housebuilder time limits cases and new regulations relating to call off stocks

Tax / Kickboxing company loses VAT dispute

Kickboxing company Premier Family Martial Arts LLP has lost a VAT dispute with HMRC, as they tried to appeal that kickboxing should be exempt from VAT because it is a form of tuition, covering a subject that is part of school education

Tax / Case report: spread betting contracts taxable as earnings from employment

In Root 2 Ltd [2019] TC 07502, the First Tier Tribunal (FTT) dismissed the appeal against PAYE and NIC determinations raised by HMRC in respect of payments made by the appellant under onerous spread betting contracts which had been novated to the appellant by its employees

Tax / News Corp wins VAT dispute at Upper Tribunal

HMRC has lost an appeal at the Upper Tribunal over zero rated VAT on digital newspapers with the publishers of The Times arguing that digital versions of its newspapers are not a service

Tax / Tax updates: January 2020

In this month’s tax review, Lloyd-Webbers win CGT case, dating site loses VAT fight, CEST revamp, HMRC call times cut, VAT receipts hit £133bn

Tax / Dixons loses £1.8m VAT claim on bouncing cheques

Retail chain Dixons has failed at a First Tier Tribunal (FTT) appeal in a bid to reclaim £1.8m of overpaid VAT on cheques which had been dishonoured, on the basis it was out of time for a refund

Tax / Tax filing penalties when self assessment not required

Ducking an HMRC penalty for late tax filing is an important administrative consideration for any taxpayer. Meg Wilson CTA, tax writer at Croner-i, examines three key points from the latest Upper Tribunal case where the taxpayer lost his argument over penalties
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