In Mr Ignacius Fessal v HMRC [2015] TC04287 a barrister was successful in arguing that the European Convention on Human Rights (ECHR) prevented HMRC from denying an overpayment relief claim when tax was double charged following a change of basis of taxation.
SME Tax News
HMRC have published their Employer Bulletin for June 2016. We summarise the key content for you, with links to our detailed guidance on the topics covered.
HMRC has kept several of its tax campaigns, or disclosure opportunities open. Any clients who might have undeclared liabilities in these areas should be encouraged to make disclosures to HMRC sooner rather than later to minimise penalties, interest and the pain of a formal investigation.
In X-Wind Power Limited v HMRC [2016] investors in the company lost out on tax reliefs after the company submitted an EIS compliance statement to HMRC instead of the intended SEIS compliance statement. This case was appealed unsuccessfully to the UT see X-Wind Power Limited v HMRC [2017] UKUT 0290
In Christianuyi Limited & Others v HMRC [2016] TC05045 a Managed Service Company (MSC) Provider was found to be ‘involved’ with the taxpayers' personal service companies. This is the first time the MSC rules have been considered by the Courts since their introduction in 2007.
In Gradon Construction Limited v HMRC [2016] TC04935 input tax credits were refused as invoices were not valid for VAT and there was insufficient additional supporting evidence.
The Low Incomes Tax Reform Group (LITRG) is urging people to claim back tax deducted from savings income in past years now that they have received their P60s.
In John Carlisle Allen v HMRC [2016] TC05100, the First Tier Tribunal (FTT) decided that grazing land qualified as a business asset as the taxpayer occupied and farmed the land
In Eric Donnithorne v HMRC [2016] TC05017 a liability under the Construction Industry Scheme (CIS) was discharged as it was reasonable that the taxpayer did not realise he had any obligation to make deductions.
In Broadsteady Limited v HMRC [2016] UKFTT TC04886 vehicles used by sales reps did not give rise to a VAT fuel scale charge liability as private use was incidental.