Missed our SME Tax Web-updates in April? Here is a summary of the month.
SME Tax News
Hello
We have some stunning new content this week for you, including new online calculators and indispensable new tax planning guides. We also have another HMRC Agent Update, we have two IR35 appeals and the curious case in which HMRC was unable to make a discovery assessment because the agent filing the tax return was not authorised by the taxpayer.
In HMRC v Atholl House Productions Limited [2022] EWCA Civ 501, presenter Kaye Adam's IR35 case has been remitted back to Upper Tribunal (UT) by Court of Appeal (CoA). The CoA found that the First Tier Tribunal (FTT) and UT had both erred in considering relevant case law and the terms of the contractual relationship between Ms Adams and the BBC.
In Kickabout Productions Limited v HMRC [2022] EWCA Civ 502, the Court of Appeal agreed that a TalkSPORT presenter, Paul Hawksbee was an employee subject to IR35. There was sufficient mutuality of obligation and control and any other factors considered added little to the case.
The Chancellor, Rishi Sunak, has announced that £25 million will be spent on a new Public Sector Fraud Authority (PSFA) taskforce that will enlist an elite team of experts to crack down on fraudsters who took advantage of the government's Covid support schemes.
HMRC have opened a new consultation ‘Income Tax: Low-income trusts and estates’ which considers whether trusts and estates with small amounts of income should be removed from Income Tax.
In Shaun McCumiskey v HMRC [2022] TC08459, the First Tier Tribunal (FTT) upheld the appeal against a discovery assessment regarding a fraudulent SEIS claim made by a sub-agent, deciding that as the appellant had not authorised the sub-agent, they were not acting on his behalf, and as such the discovery conditions were not met.
HMRC have issued their Agent Update for April 2022. We have summarised the key content for you with links to our detailed guidance on the topics covered.
Hello
It’s been a quiet week in terms of tax news; we have a new HMRC Employer Bulletin and new VAT scale charges for the new year. We have been continuing to update our key guides for the new tax year, and we feature a few more this time.
Senedd Committees have expressed concerns over government modifications to the Welsh Tax Acts etc. (Power to Modify) Bill. Primary concerns include constitutional issues and retrospective aspects of the proposals.