In Viscount Hood (Executor of the estate of Diana, Lady Hood deceased) v HMRC [2018] EWCA Civ 2405 the Court of Appeal concluded that IHT planning whereby the taxpayer granted a sub-lease to the her sons failed. The presence of covenants which passed on the donor's obligations under her head lease, created a gift of property subject to a reservation of benefit.
SME Tax News
In HMRC v The Estate of Maureen M Vigne (deceased) [2018] UKUT 0357, the Upper Tribunal (UT) dismissed HMRC’s appeal against the FTT decision. The FTT had applied the correct legal tests in deciding that a DIY livery business did not consist of wholly or mainly in making or holding investments. The BPR claim was upheld.
In HMRC v Parry and others [2018] EWCA Civ 2266 the Court of Appeal held that a failure to exercise pension rights and a statement of wishes leaving death benefits to the deceased’s sons were both transfers of value and IHT was due on the entire pension fund.
HMRC has published a new consultation ‘The Taxation of Trusts: A Review’ considering whether the current system for taxing trusts meets the principles of transparency, fairness, neutrality, and simplicity.
HMRC have published ‘Amendments to tax returns’, a call for evidence aimed at providing an understanding of issues faced by taxpayers who are amending returns.
HMRC has announced that it is reviewing cases where a failure to notify penalty was issued to taxpayers who did not register for the High-Income Child Benefit Charge.
In Trustees of the Paul Hogarth Life Interest Trust 2008 v HMRC [2018] TC06757 the First-Tier tribunal (FTT) held that a notice to file a tax return cannot be served on a trust where all income is mandated to the life tenant and there are no chargeable gains; the late filing penalties were invalid.
The Chartered Institute of Taxation's (CIOT) has criticised last week’s Budget for the number of tax measures announced as ‘done deals’ without having been consulted on, and for excessive ‘tinkering’.
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As you know we had the Budget earlier in the week. Some announcements have immediate effect and these include changes to Entrepreneurs' Relief. These are all listed in our Budget Summary.
V M Gadavi & others v HMRC TC6762, the FTT found that compensation received for mis-sold interest rate hedging products (IRHPs) was taxable as a business income.