In Mackay v Wesley [2020] EWHC 1215 (Ch), a Court of Appeal decision highlights the significant costs of being a trustee when tax planning goes wrong and a trustee finds themselves solely liable for the trust's tax liabilities.
SME Tax News
In Chalcot Training Ltd v Ralph & HMRC [2020] EWHC 1054 (Ch), a test case, an attempt to reverse an ‘E Shares’ tax scheme failed. HMRC can now fully challenge the scheme through the tax tribunal.
In David Beadle v HM Revenue and Customs [2020] EWCA Civ 562, the Court of Appeal dismissed an appeal against a late payment penalty relating to an underlying Partner Payment Notice (PPN). The PPN could not be challenged.
In HMRC v Sippchoice Ltd [2020] UKUT 0149, the Upper Tribunal (UT) denied Income Tax relief for in specie contributions to a pension plan. Transfers of non-cash assets are not ‘contributions paid’.
Hello,
With lockdown restrictions gradually lifting, we thought we would feature some of our guides to alternative travel solutions this week. Even if you have your own transport for work, there is clearly still some way to go before we see any form of economic recovery, as indicated by the government’s decision to extend the employee furlough scheme for another three months.
In Evert Henkes v HMRC [2020] TC7645, the First Tier Tribunal (FTT) found it had jurisdiction to determine a person’s domicile status before it decided if closure notices (CNs) must be issued or information notices (INs) were valid; Mr Henkes was UK domiciled, the INs were valid and HMRC had reasonable grounds not to issue CNs.
HMRC have issued updated guidance on when taxpayers have a reasonable excuse for the late filing of returns or late payment of tax to specifically include being affected by Coronavirus.
In Amara Akhtar v HMRC [2020] TC7646, the First Tier Tribunal (FTT) found that a mobile care workers' mileage allowance relief claims were inaccurate but that the penalties charged should be reduced and suspended.
In HMRC v Professional Game Match Officials Limited [2020] UKUT 0147 (TCC) the Upper Tribunal found that certain football match referees were self-employed and dismissed HMRC’s arguments on mutuality of obligation.
HMRC have published a research report, ‘Understanding avoidance scheme users’ decision making, customer experience and future compliance intentions when settling their enquiry with HMRC’.