Hello,
We are starting to create new versions of our guides which look at the different accounting treatments and taxes, including VAT, that apply to different types of business. We are bringing out new versions as the weeks progress. It would be great to have your feedback on these guides.
In Gary Withers v HMRC [2022] TC08649, the First Tier Tribunal (FTT) found that land purchased with a dwelling house was not residential property for SDLT purposes. A longstanding grazing license and agreement with the Woodland Trust gave the land a separate function other than garden and grounds.
HMRC have released its annual report ‘Use of marketed tax avoidance schemes in the UK (2020 to 2021)' which provides an update on what they know about the tax avoidance market. It shows a decline in participation in tax avoidance schemes compared to 2019-20.
The Public Accounts Committee (PAC) have issued a Call for Evidence entitled, 'Managing tax compliance following the pandemic'. It seeks feedback on HMRC’s ability to carry out its compliance work and to identify future risks and challenges following the pandemic.
In Ladson Preston Limited v HMRC [2022] UKUT 00301, the Upper Tribunal (UT) confirmed that Multiple Dwellings Relief (MDR) cannot apply to the acquisition of bare land: the fact that there was planning permission and that boreholes had been dug for testing did not alter that fact.
HM Treasury (HMT) has released its response to the May 2022 consultation ‘Statutory Debt Repayment Plan’. Respondents raised significant challenges and concerns, both in the design of the proposals and the timing of their implementation.
In Mohammad Ameen Mirza v HMRC [2022] UKUT 00291, it was held that whilst a claim for reasonable excuse must examine the attributes of the specific taxpayer, in this case, there was no evidence of the appellant's attributes or state of mind which meant the claim could not be allowed.
In Michael & Bridget Brown v HMRC [2022] UT00298, the Upper Tribunal (UT) confirmed that a stamp duty sub-sale avoidance scheme under which a company incorporated to purchase a property and transfered it to its individual owners by way of a capital reduction did not avoid any tax: the subscription price of their shares formed consideration for the property.
In Stuart Fox v HMRC [2022] UKUT00310, the Upper Tribunal (UT) found that a Stamp Duty tax avoidance scheme involving the transfer of a property from a wife to her husband failed because they were connected, as such he was liable for the entire tax liability.
HMRC have published new advisory fuel rates for company car drivers which apply from 1 December 2022.