Tax Take
A case of interest?
In Garnett Paul Curran v HMRC [2012] UKFTT 517 (TC), the First-tier Tribunal (‘FTT’) has given some helpful guidance on what constitutes interest...
Read moreClaim for overpaid VAT held not to be abusive
In St Martins Medical Services Limited v HMRC [2012] UK FTT 485 (TC), the First-tier Tribunal (‘FTT’) has recently allowed a claim for overpaid VAT made by a taxpayer,...
Read moreComposite transaction fails
In HP Schofield v HMRC [2012] EWCA Civ 927, the Court of Appeal has recently dismissed an appeal made by a taxpayer (the test case for over two hundred appeals) in relation to a tax mitigation strategy designed by PricewaterhouseCoopers (‘PwC’), which was intended to assist the taxpayer in mitigating a capital gain that would otherwise become due.
Read moreHMRC fails in its attempt to obtain disclosure of privileged documents
The important issue of disclosure of documents in the context of litigation before the First-tier Tribunal (Tax) (‘the FTT’) was recently considered in Peter A D Fisher, Stephen D Fisher and Anne P Fisher v HMRC [2012] UKFTT 335.
Read moreTwo wrongs do not make a right – criminal convictions and stolen data
On Friday 5 July 2012 HMRC announced that a wealthy property developer, who had failed to disclose a Swiss bank account to HMRC during a civil inquiry, had pleaded guilty to the serious charge of cheating the public revenue
Read moreHMRC – Not enough staff and too much uncollected tax
The Public Accounts Committee of the House of Commons (‘the PAC’) has published its 87th report (HC Session 2010-12) on HMRC’s Compliance and Enforcement Programme.
Read moreEclipse Film Partners No 35 – To trade or not to trade, that is the question!
The First-tier Tribunal (Tax Chamber) ('FTT') has recently held in Eclipse Film Partners No 35 LLP v HMRC [2012] UKFTT 270 (TC),...
Read moreRetrospective legislation: where are we now?
I commented last year on the important decision in Huitson, in which the Court of Appeal, hearing a joined appeal from two judicial review claims,...
Read moreTax tribunal prevents HMRC from broadening their attack on an SDLT return
The distinction between fixtures (which form part of the land) and chattels (which do not) can have significant consequences for stamp duty land tax ('SDLT') purposes.
Read moreAnother voyage of discovery by HMRC - hypothetical ignorance?
This month saw the release of yet another discovery assessment case: Sanderson v HMRC [2012] UKFTT 207 (TC).
Read moreAll taxpayers are equal, although some are more equal than others!
In the recent case of Spectrum Legal Services Limited v HMRC [2012] UKFTT 191 (TC), HMRC drew criticism from the First-tier Tribunal (Tax Chamber) ('Tribunal') over its refusal to treat two taxpayers, in similar circumstances, in the same way
Read moreTaxpayers are entitled to organise their affairs so that the minimum amount of tax is paid!
The recent decision of the First-tier Tax Tribunal ('FTT') in James Albert McLaughlin v The Commissioners for HM Revenue and Customs1, is a timely reminder that taxpayers are perfectly entitled to organise their affairs so that the minimum amount of tax is paid.
Read moreHMRC have to play by the rules too!
The recent decision of the First-tier Tax Tribunal ('the Tribunal') in Furukawa Electric Europe Limited v Revenue & Customs Commissioners [2012] UKFTT 129 (TC) ('Furukawa'),...
Read moreNo discovery – HMRC fail before the First-Tier Tribunal
HMRC's ability to raise 'discovery' assessments under section 29 of the Taxes Management Act 1970 ('TMA'), is a topical issue at the moment and there have been a number of important cases in recent months (see our previous blog here of30/01/12).
Read moreNo more 'sweetheart' deals with the taxman?
HMRC have recently announced new governance arrangements for "significant tax disputes".
Read moreHMRC run contrary arguments before the First-tier Tribunal!
In the recent case of Cobb v HMRC [2012] UK FTT 40 (TC), the First-tier Tribunal ('FTT') said that HMRC should be able to suspend all or part of a penalty imposed for a careless inaccuracy in a tax return of an individual...
Read moreWhen is a document within a taxpayer's "possession or power"?
HMRC have a range of powers available to them under Schedule 36 of the Finance Act 2008 ("Schedule 36") to require persons to produce documents and information and to inspect premises.
Read moreUnknown Associates
How much evidence do you need to substantiate a claim for tax relief?
Read moreA Voyage of Discovery: two recent Court of Appeal decisions
In December of last year, two differently constituted panels of the Court of Appeal handed down important judgments on the discovery provisions contained in sections 29 and 30B Taxes Management Act 1970 ('TMA 1970').
Read moreEnding legal aid for millionaire defendants
Readers may not be aware of an extraordinary anomaly in our criminal justice system which has led to a significant drain on the legal aid fund.
Read moreTribunal criticises HMRC's unreasonable behaviour and awards costs to the taxpayer
In Nicholas Deluca v HMRC (TC01422) the First-tier Tribunal (Sir Stephen Oliver QC) criticised HMRC's conduct and directed that they make a contribution of half the costs incurred by Mr Deluca in connection with an HMRC enquiry into his tax return and his subsequent appeal to the Tribunal.
Read morePublic Accounts Committee Report – HMRC criticised for 'cosy' deals
The report of the Public Accounts Committee ('the Committee') into alleged 'sweetheart' deals reached by HMRC with some of the largest companies in the UK was published yesterday.
Read moreGoldman Sachs, Whistleblowing and HMRC – the sorry saga continues!
Osita Mba is a solicitor working at HMRC's Solicitor's Office.
Read moreHMRC criticised again over delay in issuing late filing penalties
Readers may recall that in a recent blog I commented on the case of Hok Limited v Revenue & Customs Commissioners (TC1286) .
Read moreMore Swiss controversy!
I commented on the UK/Swiss tax deal in my blog of 26 August 2011.
Read moreGeneral Anti-Avoidance Rule ('GAAR') – will the 'centre ground' of tax planning be safe?
On 21 November the final report of the GAAR Study Group ('the Group'), a committee of the tax world's 'great and the good', chaired by Graham Aaronson QC, was published.
Read moreSHIPS 2 - victory for the taxpayer!
The Supreme Court has refused HMRC's application for permission to appeal against the Court of Appeal's decision in HMRC v Mayes [2011] EWCA CIV 407, a case involving tax arrangements marketed as "Ships 2".
Read moreThere's unreasonable, and there's wholly unreasonable!
When it comes to awarding legal costs, the Tribunal has often been viewed as an island of leniency, especially when compared to the strict regime which governs High Court litigation.
Read moreThe (Tax) League of Nations
This may not come as a huge surprise to tax and finance directors up and down the country, but the UK has continued its slide down the international league table of tax competitiveness, according to a new report from PWC.
Read moreAn arresting development
HMRC officers have arrested a tax advisor on the very day that he was due to give evidence before the Tax Tribunal on a capital gains tax issue.
Read moreHigh Risk Avoidance Schemes – is another new regime really the way forward?
HMRC's consultation on "High Risk Tax Avoidance Schemes", which closed at the end of August, has attracted some heavyweight responses it seems.
Read moreGaines-Cooper – the end of the road for the taxpayer
The Supreme Court, by a majority of four to one, has dismissed both appeals in the jointly heard judicial review cases of R (Davies and another) v HMRC; R (Gaines-Cooper) v HMRC [2011] UKSC 47 on 19 October 2011.
Read moreIs the net really closing on Swiss bank accounts?
HMRC announced last week that they will shortly be writing to UK resident individuals and organisations holding bank accounts with HSBC in Geneva, using information obtained under a tax treaty last year.
Read moreThere is no escape - collecting cross border tax
On 16 March 2010 the EU introduced Council Directive 2010/24/EU which deals with the mutual assistance across EU member states for the recovery of tax claims.
Read morePersonal liability for directors – No escape from the taxman
One of the criticisms that is often made of the UK's complex insolvency legislation is that it is too easy for the directors of a company to put it into liquidation or administration, 'dump' the company's debts and then effectively start the same business again under the guise of a new company.
Read moreThe Taxman vs. the Treasury Select Committee: round 2
Following his first outing before the House of Commons' Treasury Select Committee in March, and the publication of the Committee's report in July (see my previous post), Dave Hartnett, the Permanent Secretary for Tax, returned on 12 September to answer further questions from MPs.
Read moreWhen is a penalty unfair?
A recent tribunal case, Hok Limited v Revenue and Customs Commissioners (TC 1286) has found that HMRC did not act fairly and in good conscience where it had deliberately delayed sending out a penalty for the late filing of an employer's end of year returns until four months after the deadline had expired.
Read moreHMRC opens its books to mortgage lenders
Having been first announced in the March 2010 Budget and following a pilot, the mortgage verification scheme, a joint venture between HMRC, the Council of Mortgage Lenders and the Building Societies Association, was finally launched at the start of the month.
Read moreSFO to request tax records
The SFO warned last week that companies suspected of paying bribes to win work overseas may be forced to hand over their tax records, in the hope that these may yield evidence of such bribes.
Read moreIs the tide turning? HMRC lose discovery assessment appeal
Concern has been building for some time amongst taxpayers and their advisers about HMRC's apparently unfettered use of discovery assessments.
Read moreToo easy? The UK's recent deal with the Swiss banks
The Swiss banking sector contributes 6.7% of the country's gross domestic product, almost 10% of tax revenues and provides the country with 142,000 skilled jobs.
Read more"Unacceptable" HMRC under fire from Treasury Select Committee
The House of Commons' Treasury Select Committee (the "Committee") recently released its report entitled "Administration and effectiveness of HM Revenue and Customs" (the "Report").
Read moreGoing backwards? Retrospective legislation can bite!
Retrospective legislation is a particularly hot topic at the moment.
Read moreAbove board, or backroom deals?
The National Audit Office ('NAO') has recently recommended (see HM Revenue & Customs 2010-11 Accounts) that HMRC should ensure that a clear separation should exist between the negotiation and approval of large tax settlements in order to maintain public confidence in the appropriateness of all such settlements.
Read moreCOP that! HMRC propose a new contractual disclosure facility
On 20 July 2011, HMRC published a discussion document entitled: Civil Investigation of Fraud – Contractual Disclosure Facility.
Read moreHMRC 'refresh' their litigation and settlement strategy
As tax practitioners will be aware, HMRC's Litigation and Settlement Strategy ('LSS') is the framework within which HMRC seeks to resolve tax disputes through civil procedures.
Read moreNew approaches to funding tax litigation
There are times when, however hard an advisor tries, a settlement with HMRC is simply not possible.
Read moreEstate 4 Limited v HMRC – proactivity can achieve results!
We are often asked by advisors to assist them in closing down long-running enquiries by HMRC.
Read moreRPC Practice Notes: guidance for the busy practitioner
In addition to regular updates on the latest tax news and case law developments, RPC Tax Take features Practice Notes written by specialist lawyers at RPC.
Read morePartnership residence – a rallying cry!
An important decision of the First-tier Tribunal has been released in the case of Mark Higgins Rallying (a firm) v. Revenue & Customs [2011] UK FTT 340 (TC).
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