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Perspective - Blog

Hickey Plant Hire - Taxpayer successfully challenges HMRC's narrow reading of penalty rules

Published on 07 Sep 2017.

In M J Hickey Plant Hire and Contracts Ltd v HMRC [2017] UKUT 308 (TCC), the Upper Tribunal (UT) allowed the taxpayer's appeal and in a carefully considered judgment sets out the correct approach to the penalty rules applicable to 'normal' and 'delayed tax' cases, contained in Schedule 24, Finance Act 2007 (FA 2007).

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Perspective - Blog

Vigne - HMRC lose business property relief case

Published on 04 Sep 2017. By Alexis Armitage, Senior Associate

In The Estate of Maureen W Vigne (deceased) v HMRC [2017] UKFTT 632 (TC), the First-tier Tribunal (FTT) has determined that the estate of the late Maureen Vigne was entitled to business property relief (BPR), as provided for in section 105, Inheritance Tax Act 1984 (IHTA).

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Perspective - Blog

BPP – Tribunal correct to strike out HMRC's case for failure to comply with Rules and Directions

Published on 23 Aug 2017.

In BPP Holdings Ltd v HMRC [2017] UKSC 55, the Supreme Court has confirmed that the First-tier Tribunal (FTT) was justified in directing that HMRC be barred from taking further part in the proceedings for failure to adhere to the Tribunal’s Rules and Directions.

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Perspective - Blog

Eastern Power – Tribunal orders HMRC to close its enquiries despite outstanding information notices

Published on 10 Aug 2017. By Adam Craggs, Partner

In Eastern Power Networks Plc and others v HMRC [2017] UKFTT 494 (TC), the First-tier Tribunal (FTT) ordered HMRC to issue closure notices even though there were a number of outstanding information notices.

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Perspective - Blog

Gray – FTT allows appeal against discovery assessment as ITV correctly accounted for PAYE

Published on 03 Aug 2017. By Michelle Sloane, Partner

In Gray v HMRC [2017] UKFTT 0275, the First-tier Tribunal (FTT) allowed the taxpayer's appeal against a discovery assessment in relation to a termination payment as there was no additional tax to assess in the relevant year and in any event the assessment was out of time.

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Perspective - Blog

Rangers: Supreme Court confirms remuneration paid through EBT is subject to income tax

Published on 02 Aug 2017. By Alexis Armitage, Senior Associate

In RFC 2012 Plc (in liquidation) (formerly The Rangers Football Club Plc) v Advocate General for Scotland [2017] UKSC 45, the Supreme Court has held that remuneration payments made into an employees' remuneration trust were earnings for income tax and NICs purposes.

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Perspective - Blog

Derry – HMRC prevented from collecting tax in avoidance case

Published on 25 Jul 2017.

In R (ota of James Derry) v HMRC [2017] EWCA Civ 435, the Court of Appeal, in allowing the taxpayer's appeal, confirmed that HMRC is not able to ignore a claim for carried back loss relief where the taxpayer has self-assessed and computed his liability to tax.

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Perspective - Blog

Oval Estates - Tribunal confirms deficiencies in invoices may not prevent VAT recovery

Published on 11 Jul 2017.

In Oval Estates (Bath) Limited v HMRC [2017] UKFTT 403 (TC), the First-tier Tribunal (FTT) held that input tax was attributable to an identifiable supply and was recoverable despite allegations of deliberate and concealed behaviour.

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Perspective - Blog

Märtin: Application directing HMRC to close its enquiry into tax avoidance scheme granted

Published on 10 Jul 2017.

In Jörg Märtin v HMRC [2017] UKFTT 488 (TC), the First-tier Tribunal (FTT) directed HMRC to close its enquiry as it had taken no action in three years.

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Perspective - Blog

Anstock - Tribunal quashes penalties imposed for failure to comply with information notice

Published on 07 Jul 2017.

Penalties for failure to comply with an information notice issued by HMRC can only be imposed if the information notice in question is unambiguous, clear and precise.

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Perspective - Blog

Berlioz - ECJ confirms that third parties can challenge 'foreseeable relevance' of tax information exchange requests

Published on 03 Jul 2017.

In Berlioz Investment Fund SA v Directeur de l'administration des Contributions directes (Case C-682/15), the ECJ has confirmed that a Member State's national court can review a tax information request made by another Member State in order to assess whether the requested information is 'foreseeably relevant'.

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Perspective - Blog

Rai - Tribunal quashes penalties for non-payment of PPNs and criticises HMRC's 'nitpicking pedantry'

Published on 26 Jun 2017.

In Rai v HMRC [2017] UKFTT 0467 (TC), the First-tier Tribunal (FTT) was critical of HMRC's conduct and cancelled assessments to penalties which it had issued for failure to pay on time amounts demanded in partner payment notices (PPNs), as the statutory payment period had not expired.

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Perspective - Blog

Pitcher - Tribunal finds in favour of taxpayer in APN penalty appeal

Published on 19 Jun 2017.

In Graham Pitcher [2017] UKFTT 0406 (TC), the First-tier Tribunal (FTT) allowed the taxpayer's appeal against a penalty for non-payment of an Accelerated Payment Notice (APN) due to defects in the APN.

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Perspective - Blog

Archer: judicial review in the context of statutory tax appeals

Published on 13 Jun 2017. By Michelle Sloane, Partner

The High Court's judgment in R (on the application of Archer) v HMRC [2017] EWHC 296 (Admin) is one of a number of recent decisions where it has been found that the taxpayer had not challenged HMRC's decision in the correct forum.

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Perspective - Blog

Rendall - Tribunal reduces penalties imposed for failure to file a partnership return to nil

Published on 01 Jun 2017.

In Rendall v HMRC [2017] UKFTT 356 (TC), the First-tier Tribunal (FTT) has reduced penalties imposed on partners for failure to file a partnership return on time to nil as the requisite information had already been disclosed to HMRC in the partners' personal self-assessment returns.

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Perspective - Blog

Tager – Application to suspend penalties for failing to comply with information notices rejected

Published on 30 May 2017. By Alexis Armitage, Senior Associate

In HMRC v Romie Tager QC the Personal Representative of Osias Tager [2017] UKUT 161 (TCC), the Upper Tribunal (UT) refused an application that it should exercise its discretion under Rule 5(3) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (the Upper Tribunal Rules) and suspend the effect of its decision to impose tax-related penalties for failing to comply with information notices, pending an appeal to the Court of Appeal.

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Perspective - Blog

BCM – Tribunal grants taxpayers' application for closure notices

Published on 22 May 2017.

In BCM Cayman LP and others v HMRC [2017] UKFTT 0226 (TC), the First-tier Tribunal (FTT) directed HMRC to issue closure notices within specified time periods in respect of its enquiries into certain of the applicants' tax returns, pursuant to section 28B, Taxes Management Act 1970 (TMA) and paragraph 33, Schedule 18, Finance Act 1998 (FA 1998).

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Perspective - Blog

ABL – Tribunal dismisses HMRC's application to vary direction staying related cases

Published on 16 May 2017. By Alexis Armitage, Senior Associate

In ABL (Holding) Ltd and Tanias Properties Ltd v HMRC [2017] UKFTT 220 (TC), the First-tier Tribunal (FTT) dismissed HMRC's application to vary the FTT's direction staying over 100 related cases until the determination of the lead appellants' appeals by the Upper Tribunal (UT).

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Perspective - Blog

Budget 2017 Amendments to the QROPS Regime - a Further Breach of EU Law

Published on 08 May 2017.

Back in October 2013, I wrote an article for the Tax Journal (18 October 2013, The QROPS Regime and EU Law) in which I argued that the operation of the qualifying recognised overseas pension scheme (QROPS) system, introduced by Finance 2004, breached EU law and was unlawful. The recent changes introduced by the 2017 Budget not only preserve the inherent unlawfulness which has existed in the system since at least October 2008 but introduces a further breach of EU law rights. The background to the October 2013 article was my involvement in representing individuals who had transferred their UK pensions into a fund called ROSIIP.

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Perspective - Blog

Upper Tribunal confirms First-tier Tribunal has jurisdiction to amend tax return

Published on 02 May 2017.

In HMRC v Eric Walker [2016] UKUT 32, the Upper Tribunal (UT) has confirmed that the First-tier Tribunal (FTT) has the power, under section 50, Taxes Management Act 1970 (TMA), to amend a return if it decides the taxpayer is entitled to a smaller repayment than the one claimed.

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Perspective - Blog

Euro Packaging UK Limited – classification of long-life shopping bags

Published on 25 Apr 2017. By Michelle Sloane, Partner

In HMRC v Euro Packaging UK Limited [2017] UKFTT 0160, the First-tier Tribunal (FTT) allowed the Appellant's appeal against decisions of HMRC relating to the customs duty to be paid on the importation from countries outside the EU of shopping bags and its refusal to remit the customs duty.

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Perspective - Blog

Tribunal cancels penalty imposed against doctor and criticises unreasonable HMRC behaviour

Published on 18 Apr 2017.

In Dr Ragini Pandey v HMRC [2017] UKFTT 0216 (TC), the First-tier Tribunal (FTT) cancelled a penalty which had been issued by HMRC under paragraph 1, Schedule 24, Finance Act 2007 and in so doing criticised HMRC's 'unreasonable' behaviour.

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Perspective - Blog

Closure Notices defective but JR dismissed as taxpayer should have appealed to the Tribunal

Published on 10 Apr 2017. By Adam Craggs, Partner

In R (on the application of Archer) v HMRC [2017] EWHC 296 (Admin), the High Court agreed with the claimant that a Closure Notice issued by HMRC must state the tax due, but dismissed his application for judicial review on the ground that he should have appealed to the First-tier Tribunal (FTT).

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Perspective - Blog

SIPP scheme administrator avoids 'pension liberation' tax charge

Published on 04 Apr 2017.

In HMRC v Sippchoice Ltd [2017] UKUT 87 (TCC) the Upper Tribunal (UT) has upheld the decision of the First-tier Tribunal (FTT) that Sippchoice should not be subject to scheme sanction charges but said that the FTT's reference to MTIC case law in assessing the evidential burden was incorrect.

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Perspective - Blog

New legislation will allow taxpayers to seek partial closure notices

Published on 29 Mar 2017. By Adam Craggs, Partner

Proposed legislation contained in Finance Bill 2017, will enable partial closure notices to be issued in respect of a discreet issue while other issues remain under enquiry by HMRC.

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Perspective - Blog

Tribunal concludes that capital gains tax legislation is compliant with Human Rights and EU law

Published on 20 Mar 2017.

In William Reeves v HMRC [2017] UKFTT 192 (TC), the First-tier Tribunal (FTT) has held that section 167 Taxation of Chargeable Gains Act 1992 (TCGA) is compliant with the European Convention on Human Rights (ECHR) and EU law.

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Perspective - Blog

Tribunal allows taxpayers' appeal in foreign exchange losses case

Published on 16 Mar 2017. By Alexis Armitage, Senior Associate

In Smith and Nephew Overseas Limited and others v HMRC [2017] UKFTT 151, the First-tier Tribunal (FTT) allowed appeals against HMRC's disallowance of foreign exchange losses incurred as a result of a change in functional currency following a company reorganisation.

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Perspective - Blog

Ridgecrest – Tribunal allows appeal against Regulation 80 determinations

Published on 08 Mar 2017. By Adam Craggs, Partner

In Ridgecrest Cleaning Services Pendergate Ltd v HMRC [2016] UKFTT 778 (TC), the First-tier Tribunal (FTT) allowed an appeal against determinations of underpaid tax made under Regulation 80 of the Income Tax (PAYE) Regulations 2003 (the PAYE Regulations), as HMRC had not obtained the necessary statutory consent from the Appellant to notify it of changes to employee PAYE codes electronically.

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Perspective - Blog

HMRC's failure to exercise its discretion unreasonable

Published on 03 Mar 2017. By Michelle Sloane, Partner

In G B Housley Limited v HMRC [2016] EWCA Civ 1299, the Court of Appeal allowed the Appellant's appeal and restored the decision of the First-tier Tribunal (FTT) which had discharged HMRC's VAT assessment on the basis HMRC had failed to correctly exercise its discretion.

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Perspective - Blog

Timing and detail critical in misfeasance claims against HMRC

Published on 22 Feb 2017.

The claimant taxpayer, who had been wrongly convicted for cheating the public revenue, had his claim of misfeasance in public office against HMRC struck out by the High Court because it was brought too late and he had failed adequately to plead his case.

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Perspective - Blog

Upper Tribunal confirms transfer of pension fund is not a transfer of value for IHT purposes

Published on 15 Feb 2017.

In HMRC v Parry & Others [2017] UKUT 4 (TCC), the Upper Tribunal (UT) held that a transfer of funds from a registered pension scheme to a personal pension plan made by the deceased shortly before her death was not a 'transfer of value' for the purposes of section 3, Inheritance Tax Act 1984 (IHTA). Similarly, the deceased's omission to exercise her right to take lifetime benefits from the personal pension plan was not a transfer of value.

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Perspective - Blog

VAT recovery on management buyout fees

Published on 07 Feb 2017. By Michelle Sloane, Partner

In Heating Plumbing Supplies Limited [2016] UKFTT 753, the First-tier Tribunal (FTT) allowed a VAT group's appeal against HMRC's denial of input tax recovery on advisory fees incurred in a management buyout.

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Perspective - Blog

Tribunal allows tax deduction for motor racing sponsorship payments

Published on 01 Feb 2017. By Alexis Armitage, Senior Associate

In The Crown and Cushion Hotel (Chipping Norton) Ltd v HMRC [2016] UKFTT 765 (TC), the First-tier Tribunal (FTT) allowed the appeal of the appellant company against HMRC's disallowance of expenditure it had incurred in sponsoring a racing driver who was the daughter of its sole director. The FTT concluded that the payments were made "wholly and exclusively" for the purposes of the company's trade as required by section 54, Corporation Tax Act 2009 (CTA).

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Perspective - Blog

Tribunal allows taxpayer's appeal against discovery assessment

Published on 24 Jan 2017.

In Paul Munford v HMRC [2017] UKFTT 019 (TC), the First-tier Tribunal (FTT) considered the validity of a discovery assessment which had been issued by HMRC pursuant to section 29, Taxes Management Act 1970 (TMA) and allowed the taxpayer's appeal on the basis that HMRC had not discharged the burden of proving, for the purposes of section 36(1A), TMA, that the taxpayer had deliberately brought about a loss of capital gains tax.

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Perspective - Blog

Tribunal refuses to allow HMRC to rely upon section 114 TMA to cure its mistakes

Published on 18 Jan 2017. By Michelle Sloane, Partner

In Chartridge Developments Limited v Revenue and Customs Commissioners [2016] UKFTT 766, the First-tier Tribunal (FTT) allowed (in part) the taxpayer's appeal against penalties imposed for late filing of annual tax on enveloped dwellings (ATED) returns under section 161(3), Finance Act 2013, and refused to allow HMRC to rely upon section 114 Taxes Management Act 1970 (TMA).

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Perspective - Blog

Tribunal finds for the taxpayer in "income" versus "capital" payment dispute

Published on 11 Jan 2017.

In James Allan Thornton v HMRC [2016] UKFTT 767 (TC), the First-tier Tribunal (FTT) considered the distinction between income and capital payments in the context of a settlement relating to rental property and held that a settlement payment made to a landlord as compensation for dilapidations to his property was a capital receipt.

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Perspective - Blog

Upper Tribunal confirms that right to make VAT repayment claims belongs to representative member of VAT Group

Published on 03 Jan 2017. By Michelle Sloane, Partner

In HMRC v MG Rover Group Limited; Standard Chartered PLC v HMRC [2016] UKUT 434, the UT has confirmed that section 43, Value Added Tax Act 1994 (VATA) required repayment rights under section 80, VATA, to be held only by the representative member both before and after they have left the group or the group has been dissolved.

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Perspective - Blog

GMAC (UK) Plc – Court of Appeal finds VAT bad debt relief provisions incompatible with EU law

Published on 29 Dec 2016. By Michelle Sloane, Partner

In HMRC v GMAC (UK) Plc [2016] EWCA Civ 1015, the Court of Appeal has held that the UK's legislation, which barred bad debt relief claims unless the debtor was insolvent and the property in the goods had passed, was incompatible with EU law.

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Perspective - Blog

Biffin - Court grants injunction preventing HMRC from enforcement action

Published on 21 Dec 2016.

In Biffin Limited and Others v HMRC [2016] EWHC 2926 (Admin), the High Court has granted the taxpayers an injunction prohibiting HMRC from commencing enforcement action in respect of alleged tax liabilities.

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Perspective - Blog

Kevin Reed v HMRC - Tribunal dismisses taxpayer's application for reinstatement of his appeal

Published on 12 Dec 2016. By Alexis Armitage, Senior Associate

In Kevin Reed v HMRC [2016] UKFTT 0653 (TC), the First-tier Tribunal (FTT) dismissed the taxpayer's application for reinstatement of his appeal which had been struck out for failing to comply with directions issued by the FTT.

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Perspective - Blog

Icebreaker litigation: partial award of costs upheld as HMRC recognised as the "substantial victor"

Published on 06 Dec 2016.

In Bastionspark LLP and others v HMRC , the Upper Tribunal (UT) has held that the First-tier Tribunal (FTT) was entitled to find that HMRC had been the "substantial victor" and to make a partial award of costs in favour of HMRC notwithstanding that each party had been partially successful in an appeal against HMRC's decision regarding allowable expenditure.

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Perspective - Blog

Spring Capital -Tribunal directs postponement of payment of tax

Published on 02 Dec 2016.

In Spring Capital Ltd v HMRC , the First-tier Tribunal (FTT) allowed the taxpayer's application for the postponement of payment of tax under section 55 Taxes Management Act 1970 (TMA), as it had a reasonable argument in relation to the underlying substantive issue.

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Perspective - Blog

High Court considers the Ramsay principle in the context of a proposed scheme of arrangement

Published on 23 Nov 2016.

In Re Home Retail Group Plc , the High Court considered the so-called Ramsay principle of purposive construction in deciding whether a cancellation scheme following the sale of a business, to be carried out in connection with a takeover, fell within the anti-avoidance provisions contained in section 641(2A), Companies Act 2006 (CA 2006).

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Perspective - Blog

BBC prevented from submitting evidence in IR35 case

Published on 16 Nov 2016.

In Paya Limited and Tim Willcox Limited v HMRC [2016] UKFTT 0660 (TC), the First-tier Tribunal (FTT) held that the BBC could not provide witness evidence of its own motion to the FTT in tax appeals, to which it was not a party.

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Perspective - Blog

Salinger: IHT scheme succeeds

Published on 11 Nov 2016.

In M L Salinger and J L Kirby v HMRC [2016] UKFTT 677 (TC), the First-tier Tribunal (FTT) held that the transfer of a reversionary interest had not been a transfer of value for Inheritance Tax (IHT) purposes and allowed the taxpayers' appeal.eal.

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Perspective - Blog

Lomas – Court confirms statutory interest payable on insolvency is not 'yearly interest' and criticises HMRC's change of position

Published on 01 Nov 2016. By Michelle Sloane, Partner

In Lomas and others v HMRC [2016] EWHC 2492 (Ch), the High Court has confirmed that statutory interest payable on insolvency is not 'yearly interest' for UK tax purposes. The administrators therefore had no obligation to account for income tax on the interest payments made. The Court was also critical of HMRC's contradictory guidance on this issue.

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Perspective - Blog

Partial success for taxpayer in Dutch-subsidiary quantification judgment following FII

Published on 28 Oct 2016.

In Six Continents Ltd and Another v HMRC [2016] EWHC 2426 (Ch), the High Court held that the claimants are entitled to a credit at the foreign nominal rate (FNR) of corporation tax in respect of dividends paid from a Dutch subsidiary but are not entitled to a credit in respect of dividends linked to the return of share capital.

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Perspective - Blog

Eden Consulting Services - Tribunal has no jurisdiction to consider HMRC's duty to act fairly in administering its statutory powers

Published on 18 Oct 2016. By Alexis Armitage, Senior Associate

In Eden Consulting Services (Richmond) Ltd v HMRC [2016] UKFTT 656 (TC), the First-tier Tribunal (FTT) determined, as a preliminary issue, that it did not have jurisdiction to consider HMRC's alleged conduct, behaviour and abuse of its powers in determining an appeal against unauthorised payment charges and that such issues are properly for judicial review proceedings and/or the HMRC Adjudicator.

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Perspective - Blog

Stan Murray-Hession: Tribunal allows taxpayer's share loss relief claim

Published on 12 Oct 2016.

In Stan Murray-Hession v HMRC [2016] UKFTT 612, the First-tier Tribunal (FTT), held that Mr Murray-Hession (the Appellant) had subscribed for shares within the meaning of section 135(2), Income Tax Act 2007 (ITA), so that share loss relief, under section 131, ITA, was available.

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Perspective - Blog

Tribunal rejects HMRC's attempt to transfer PAYE liability to employee

Published on 07 Oct 2016. By Adam Craggs, Partner

In Stephen West v HMRC [2016] UKFTT 536 (TC), the First-tier Tribunal (FTT) allowed the taxpayer's appeal and confirmed that under the PAYE system the obligation to pay income tax fell on the employer, and liability will only be transferred to the employee under the regulation of the Income Tax (Pay As You Earn) Regulations 2003, if he has received his remuneration knowing that his employer has wilfully and deliberately failed to deduct PAYE.

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