SME Tax News

In Uppercut Films Limited v HMRC [2018] TC06465 and Cliftonville Consultancy Ltd v HMRC [2018] TC06464, the FTT decided letters of engagement and advice letters relating to a tax avoidance scheme were reasonably required by HMRC under a Schedule 36 Notice.

In S Bolland v HMRC [2018] TC6490 the First Tier Tribunal allowed a late appeal against Schedule 36 Information notice penalties but not to tax determinations, the penalties were sent to the wrong address.

The Office of Tax Simplification (OTS) has opened its first broad review of the taxation of savings and investment income, ‘Savings Income: routes to simplification.’

In Jerome Anderson v HMRC [2018] UKUT 0159 (TCC) the Upper tribunal upheld the FTT’s decision to disallow relief for the losses of a football academy run by an agent: it was not run on a commercial basis with a view to a realistic expectation of profit.

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. 

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.