In Raymond Hart v HMRC [2018] TC06446 the FTT found that ignorance of the law was not a reasonable excuse for the late filing of a NRCGT return but held that reliance on a tax adviser (who themselves were ignorant of the law) was a reasonable excuse.
SME Tax News
HMRC has published a consultation, ‘Tax and Administrative Treatment of Short Term Business Visitors from Overseas Branches’, which looks to simplify tax and administration for short term business visitors (STBVs) coming from overseas branches of UK companies.
HMRC has recently updated its non-statutory clearances pages: it will no longer provide a clearance service for incorporation relief or where certain facts apply to a case.
HMRC has issued a consultation: ‘Off-payroll working in the private sector’, this considers whether private sector PSCs should, like their public sector counterparts, be mandated into PAYE.
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This time we look at what happens if you do not declare your ebay account, and we consider more topical cases on the Higher Income Child Benefit charge, whether an introducer commission paid can be an unauthorised payment out of a pension fund and why and when HMRC can try and assess these things.
In David Lau v HMRC [2018] TC6463 the FTT decided not to follow the Robertson decision and decided that penalties did apply for failure to notify the HICBC on the basis that potential lost revenue is not confined to assessments. Ignorance of the law on the HICBC was not considered a reasonable excuse.
The Department for Business, Energy & Industrial Strategy (BEIS) has issued a new consultation looking at the misuse of limited partnerships and reforming the law in this area.
The European Commission approved the UK's 'Enterprise Management Initiative' (sic) scheme under EU State aid rules. The EMI rules lapsed in April and employers had been urged not to grant any further EMI options until approval was reconfirmed.
In Andrew Monaghan v HMRC [2018] TC06408, a commission received by a pension scheme's member was not a pensions unauthorised payment and in any case, the legislation did not permit HMRC to make a discovery assessment.
The childcare voucher scheme was due to close to new entrants in April 2018; in March the deadline was extended, but some employers had already closed schemes to new entrants and the tax-free status of those schemes was lost.