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SME Tax News

SEIS case: File the correct forms!

Last Updated: 24 August 2023

In X-Wind Power Limited v HMRC [2017] UKUT 0290, the Upper Tribunal (UT) considered whether relief under the Seed Enterprise Investment Scheme (SEIS) was blocked because the company filed an Enterprise Investment Scheme (EIS) (rather than SEIS) compliance statement in error. It was.

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Court of Appeal finds no legitimate expectation in Mansworth v Jelley loss claim

Last Updated: 31 August 2023

In R (Hely-Hutchinson) v HMRC [2017] EWCA Civ 1075 the Court of Appeal found in favour of HMRC: the taxpayer did not have a legitimate expectation that his Mansworth v Jelley loss relief claims would be allowed on the basis of incorrect HMRC guidance.

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Company loss scheme: controlled and managed from the UK

Last Updated: 31 August 2023

In Development Securities (No 9) Ltd & others v HMRC [2017] TC06007 a Jersey company was held to be UK resident: it undertook transactions (part of a capital loss scheme) that were engineered by its UK parent.

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How to redact a document

Last Updated: 31 August 2023

If you use Microsoft Word’s highlighter to redact documents, you need to read this.

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Reasonable excuse: ongoing illness

Last Updated: 31 August 2023

In Pradipkumar Hindocha v HMRC [2017] TC05838, the taxpayer's ongoing illness provided a reasonable excuse for an inability to file a tax return on time.

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Accountant's SA error: careless not deliberate

Last Updated: 31 August 2023

In D Lyth v HMRC [2017] TC05994 the First Tier Tribunal (FTT) held that failure to declare a capital gain on the taxpayer’s Return was careless rather than deliberate.

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Failed BPR claim for transfer of furnished holiday lets

Last Updated: 31 August 2023

In Anne Christine Curtis Green v HMRC [2015] TC04519 the letting of five self-contained holiday units did not qualify for IHT Business Property relief: the business was mainly one of investment.

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Test for BPR is qualitative not quantitative

Last Updated: 31 August 2023

In Executors of The Estate Of Marjorie Ross (Deceased) v HMRC  [2017] TC05959 the letting of eight holiday cottages did not qualify for IHT Business Property relief: it was mainly an investment activity.

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HMRC new help forum

Last Updated: 31 August 2023

HMRC has launched a help forum and webchat service: the 'Small Business Online Forum' is aimed at small business. 

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Disincorporation relief: what of the future?

Last Updated: 31 August 2023

The OTS has published a short focus paper on the future of disincorporation relief. To-date, the relief has attracted just 50 claims.

Read more …

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Archived SME tax news Article Count:  336

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