Tax Take

Perspective - Blog

HMRC steps up the pace with new taskforces

Published on 08 June 2011. By Adam Craggs, Partner

We have already had the offshore disclosure facility, the new disclosure opportunity, the Liechtenstein disclosure facility and the new regime for offshore penalties.

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Perspective - Blog

Christopher Lunn – the saga continues!

Published on 24 May 2011. By Adam Craggs, Partner

Readers may be familiar with the ongoing saga of Christopher Lunn & Co and HMRC.

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Perspective - Blog

The Tribunal considers the meaning of 'power' over documents

13 May 2011

An interesting case has just been heard by the First-tier Tribunal ('FTT'). The FTT held that a taxpayer had documents in its 'power', for the purposes of Section 20 Taxes Management Act 1970 (now repealed), despite not holding them or having a legally enforceable right to them.

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Perspective - Blog

UK close to Swiss tax deal

13 May 2011

There has been much comment and speculation in the media recently on the landmark tax agreement between the UK and Switzerland which is close to signing (finalisation of the agreement is expected before the end of June 2011).

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Perspective - Blog

Supreme Court decision in Tower MCashback

Published on 13 May 2011. By Daniel Hemming, Partner

The Supreme Court's eagerly awaited decision in Tower MCashback has now been released (the importance of the case is reflected in the fact that it was considered by seven Supreme Court Justices).

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Perspective - Blog

Receipt of shares not emolument from employment

Published on 20 April 2011. By Adam Craggs, Partner

The First-tier Tribunal has decided that a transfer of shares to an employee was not an emolument from the individuals' employment for the purposes of section 19 ICTA 1988 because the office or employment was not the "active cause" of the transfer.

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Perspective - Blog

New light on the Ramsay doctrine

Published on 20 April 2011. By Adam Craggs, Partner

In HMRC v Mayes [2011] EWCA Civ 407,the Court of Appeal was asked to decide whether a taxpayer was entitled to corresponding deficiency relief and/or capital gains tax loss relief under a tax avoidance structure known as "Ships 2".

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Perspective - Blog

OTS publishes final report on review of tax reliefs

Published on 15 April 2011. By Adam Craggs, Partner

On 3 March 2011, the Office of Tax Simplification (OTS) published its final report on its tax reliefs review.

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Perspective - Blog

Tribunal finds for taxpayer in SDLT sub-sale partnership avoidance case

Published on 15 April 2011. By Adam Craggs, Partner

The First-tier Tribunal ('FTT') has ruled in favour of the taxpayer in relation to an SDLT avoidance arrangement that relied on the transfer of rights provisions in section 45 of the Finance Act 2003 and the partnership provisions in paragraph 10 of Schedule 15 to the Finance Act 2003 - DVS3 RS Ltd v HMRC [2011] UKFTT 138.

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Perspective - Blog

Court of Appeal rules no UK relief for US tax paid by parent of tick-the-box company

Published on 15 April 2011. By Adam Craggs, Partner

The Court of Appeal has upheld HMRC's appeal in Bayfine against the decision of the High Court concerning the availability of treaty relief or unilateral relief in the UK – Bayfine v HMRC [2011] EWCA Civ 304.

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Perspective - Blog

Berry gilt strips tax avoidance arrangement fails on appeal to the Upper Tribunal

Published on 15 April 2011. By Adam Craggs, Partner

The Upper Tribunal (Lewison J) ('UT') has dismissed the taxpayer's appeal against the First-tier Tribunal's ('FTT') decision that he was not entitled to relief for losses suffered as a result of a gilt strip tax planning arrangement – Berry v HMRC [2011] UKUT 81.

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Perspective - Blog

A victory for the taxpayer and common sense!

20 February 0212

There has been a lot of discussion and consultation recently about the possible introduction of a General Anti-Avoidance Rule ('GAAR') in the UK, but of course several parts of the tax code already contain their own anti-avoidance provisions.

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