In MegaBlue Technologies (in liquidation) v HMRC [2022] TC08376, the First Tier Tribunal (FTT) dismissed an appeal brought for unfair treatment by HMRC as it was outside of the powers of the tribunal to rule on such matters.
SME Tax News
In Dr Andrew Christie v Revenue Scotland [2022] FTSTC2, the First Tier Tribunal (FTT) for Scotland concluded Additional Dwelling Supplement (ADS) could only be reclaimed if the prior main residence had actually been physically been occupied as a residence. The fact that taxpayer could not occupy the property due to military posting did not change that position.
In Oisin Fanning v HMRC [2022] UKUT 00021, the Upper Tribunal dismissed an appeal against a £250,000 assessment for Stamp Duty Land Tax (SDLT), confirming that a sub-sale relief tax avoidance scheme used failed to meet the qualifying conditions for the relief to work.
In Kazitula Limited (in liquidation) v HMRC [2021] TC0476, the First Tier Tribunal (FTT) dismissed the appellant's request to lodge an out of time appeal against assessments and penalties for Corporation Tax and VAT on the basis that there was no reasonable excuse for the extended delay.
Hello,
Things are moderately quiet in terms of tax news this week, however we do feature some new, invaluable practical guides and updates. There are also new consultations on several aspects of Scottish and Welsh devolved taxes, and a response from HMRC on its Cryptoasset promotions consultation.
In Andrew & Tiffany Doe v HMRC [2022] UKUT00002, the Upper Tribunal (UT) endorsed the FTT decision that a residential property purchase did not represent the purchase of two separate dwellings on which Multiple Dwelling Relief (MDR) for Stamp Duty Land Tax (SDLT) could be claimed. The taxpayer's appeal was dismissed.
The Welsh Senedd has published 'Consultation: Welsh Tax Acts etc. (Power to Modify) Bill' which seeks views on the proposed Bill, the principles behind having the power to modify Welsh Tax Acts and protect Welsh tax revenues, as well as the effectiveness of the proposed mechanisms.
In Epaminondas Embiricos v HMRC [2022] EWCA Civ 3, the Court of Appeal (CoA), adjudged the taxpayer was prevented from forcing HMRC to issue a closure notice covering only his domicile status, against which he could appeal until the underlying tax at stake could be quantified.
HMRC have released the Stamp Taxes Newsletter: January 2022. This is our enhanced version with links to our guides and SDLT tools.
In Strategic Branding Limited v HMRC [2021] TC08348, the First Tier Tribunal (FTT) found, contrary to a previous decision on the same tax scheme, that contributions to a remuneration trust were disguised remuneration taxable under Part 7A ITEPA. They were not deductible for Corporation Tax as they failed the wholly and exclusively test.