HM Revenue & Customs – Page 7

Revenue and Customs Commissioners v Apollo Fuels Ltd and others – WLR Daily

Posted March 21st, 2016 in employment, HM Revenue & Customs, income tax, law reports, leases, remuneration, tribunals by tracey

Revenue and Customs Commissioners v Apollo Fuels Ltd and others; [2016] EWCA Civ 157

‘The employers leased cars to their employees to enable them to carry out their duties. The cars were leased on arm’s length commercial terms, including lease charges at full market value. The revenue concluded that the provision of the cars was a taxable benefit, for the purposes of the Income Tax (Earnings and Pensions) Act 2003, and served notices of assessment for that tax on the employees. The First-tier Tribunal allowed the employees’ appeal, holding that the provision of the cars was a “benefit” which fell within section 114 of the 2003 Act with the result that Chapter 6 of Part 3 of the 2003 Act applied. That decision was affirmed by the Upper Tribunal.’

WLR Daily, 17th March 2016

Source: www.iclr.co.uk

Council to share intelligence after discovery of £1.4m housing benefit fraud – Local Government Lawyer

Posted March 15th, 2016 in benefits, conspiracy, documents, fraud, HM Revenue & Customs, housing, local government, news, social security by sally

‘The London Borough of Redbridge is to share information and intelligence with other councils and HM Revenue and Customs, after three people were found guilty of a £1.4m housing benefit fraud.’

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Local Government Lawyer, 15th March 2016

Source: www.localgovernmentlawyer.co.uk

High Court dismisses judicial review challenge to HMRC’s decision to restrict the availability of the Liechtenstein disclosure facility – RPC Tax Take

Posted February 22nd, 2016 in disclosure, HM Revenue & Customs, judicial review, news, taxation by sally

‘In R (on the application of City Shoes Wholesale Ltd) v Revenue & Customs Commissioners [2016] EWHC 107 (Admin), the High Court rejected an application for judicial review of HMRC’s refusal to grant the nine claimants, all of whom had operated employee benefit trusts (EBTs), the full benefits of the Liechtenstein disclosure facility (LDF). The court dismissed the claimants’ application for judicial review on the basis that their applications were never registered and therefore they had no legitimate expectation to receive full benefit of the LDF, and there had been no abuse of power or error of law by HMRC.’

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RPC Tax Take, 18th February 2016

Source: www.rpc.co.uk

When is property added to a settlement “excluded property”? – New Square Chambers

Posted December 9th, 2015 in HM Revenue & Customs, inheritance tax, news, taxation by sally

‘The decision of Mann J. in Barclays Wealth Trustees (Jersey) Ltd and Michael Dreelan v HMRC [2015]EWHC 2878 (Ch) answers an important question regarding what is excluded property for purposes of the Inheritance Tax Act 1984 s.48(3). This provides that foreign situs property which is settled property is excluded property for IHT purposes unless the settlor was domiciled in the U.K. at the time the settlement was made. Suppose a settlement was made when the settlor was domiciled outside the U.K, he subsequently becomes domiciled in the U.K and then adds foreign property to the settlement. Is the added property excluded property? HMRC have always contended that it is not. It has been argued in leading textbooks that it is. Mann J. has decided that HMRC are right.’

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New Square Chambers, 1st December 2015

Source: www.newsquarechambers.co.uk

R (Derry) v Revenue and Customs Comrs – WLR Daily

Posted September 16th, 2015 in HM Revenue & Customs, income tax, judicial review, law reports, taxation, tribunals by tracey

R (Derry) v Revenue and Customs Comrs: [2015] UKUT 0416 (TCC); [2015] WLR (D) 379

‘Sections 132 and 133 of the Income Tax Act 2007 were consistent with paragraph 2 of Schedule 1B to the Taxes Management Act 1970 and the two sets of provisions could operate in conjunction.’

WLR Daily, 28th July 2015

Source: www.iclr.co.uk

David Bedenham Discusses HMRC’s Alcohol Wholesalers Registration Scheme that Commences on 1 October 2015 – 11 KBW

Posted September 7th, 2015 in customs and excise, delay, fraud, HM Revenue & Customs, licensing, news, quality assurance, standards, VAT by sally

‘Alcohol duty fraud costs the treasury an estimated £1 billion per annum. HMRC has stated that
‘the wholesale sector is the major point where illicit alcohol is diverted by organised criminals into retail supply chains…this link in the supply chain is vulnerable because it is the only activity not required to be authorised by HMRC…Introducing a requirement for wholesalers to register with HMRC will address this and reduce opportunities for fraud.’’

Full story

11 KBW, 4th September 2015

Source: www.11kbw.com

Ancient Greek relic looted from Libya to be returned – Daily Telegraph

Posted September 2nd, 2015 in artistic works, assets recovery, fraud, HM Revenue & Customs, news by sally

‘Judge orders the 4ft marble statue smuggled into Britain in 2011 was “unlawfully excavated”.’

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Daily Telegraph, 1st September 2015

Source: www.telegraph.co.uk

Ingenious film investors lose human rights challenge over upfront tax – The Guardian

Posted August 3rd, 2015 in artistic works, HM Revenue & Customs, human rights, judicial review, news, tax avoidance, taxation by sally

‘More than 150 wealthy investors in controversial film investment schemes, which HMRC says amount to tax avoidance, have lost a human rights challenge to new powers tax inspectors have been deploying to demand upfront payments.’

Full story

The Guardian, 31st July 2015

Source: www.guardian.co.uk

UK Supreme Court upholds HMRC’s position in gaming machine VAT case – OUT-LAW.com

Posted July 13th, 2015 in appeals, gambling, HM Revenue & Customs, interpretation, news, Supreme Court, VAT by tracey

‘The element of chance in a computerised slot machine connected to a separate random number generator (RNG) was still “provided by means of the machine” for the purposes of VAT legislation, meaning that the takings from that machine were subject to VAT, the UK’s highest court has confirmed.’

Full story

OUT-LAW.com, 10th July 2015

Source: www.out-law.com

Rank Group plc v Revenue and Customs Comrs – WLR Daily

Posted July 13th, 2015 in appeals, gambling, HM Revenue & Customs, interpretation, law reports, Supreme Court, VAT by tracey

Rank Group plc v Revenue and Customs Comrs: [2015] UKSC 48; [2015] WLR (D) 299

‘Slot machines operating through multi-terminal systems in which random number generators (“RNGs”) were housed separately from the terminals were to be treated as composite machines providing players with an element of chance in the game within the meaning of section 26 of the Gaming Act 1968 and Group 4, item 1, note (3) of Schedule 9 to the Value Added Tax Act 1994. The takings from such machines were, accordingly, not exempt but liable to value added tax.’

WLR Daily, 8th July 2015

Source: www.iclr.co.uk

Upper Tribunal: Ocean Finance VAT arrangements could stand as not ‘wholly artificial’ – OUT-LAW.com

Posted June 10th, 2015 in advertising, HM Revenue & Customs, news, tax avoidance, tribunals, VAT by sally

‘HM Revenue and Customs (HMRC) should not look beyond the contractual arrangements that govern a company’s structure when establishing liability for VAT unless those arrangements do not reflect “economic and commercial reality”, a tribunal has ruled.’

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OUT-LAW.com, 5th June 2015

Source: www.out-law.com

Avoidance scheme effective despite HMRC’s attempt to rely on Ramsay – RPC Tax Take

Posted March 31st, 2015 in appeals, corporation tax, HM Revenue & Customs, news, tax avoidance, tribunals by sally

‘In Gemsupa Limited and Consolidated Property Wilmslow Limited v HMRC [2015] UKFTT 0097 (TC), the First-tier Tribunal (Tax Chamber) (“FTT”) found that an avoidance scheme designed to avoid corporation tax on chargeable gains on the disposal of properties through the use of share sales and options to create and then disband a group was effective.’

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RPC Tax Take, 25th March 2015

Source: www.rpc.co.uk

Regina v Doran and another – WLR Daily

Posted March 23rd, 2015 in appeals, confiscation, customs and excise, HM Revenue & Customs, law reports, proceeds of crime, proportionality, sentencing, VAT by sally

Regina v Doran and another [2015] EWCA Crim 384; [2015] WLR (D) 129

‘A surveillance operation mounted by Revenue and Customs because they suspected that a consignment of cigarettes were being imported with the purpose of evading the duty payable did not result in a disconnection between the goods and the importers. Revenue and Customs were thereby monitoring the import, not controlling it, so that a judge was entitled to find that the importers were “holding” the goods within the meaning of regulation 13(1) of the Tobacco Products Regulations 2001 and, by that means, were retaining their connection with the goods at the excise duty point.’

WLR Daily, 17th March 2015

Source: www.iclr.co.uk

Tribunal finds in favour of property developer who was not trading – RPC Tax Take

Posted March 19th, 2015 in appeals, HM Revenue & Customs, news, rent, tribunals by sally

‘In Terrace Hill (Berkeley) Ltd v HMRC[1], the First-tier Tribunal (“the FTT”) rejected HMRC’s arguments and concluded that a property developer’s activity in relation to the development of an office property was an investment rather than a trading activity and allowed its appeal.’

Full story

RPC Tax Take, 11th March 2015

Source: www.rpc.co.uk

Disclosure requirements for ‘high risk’ UK tax avoidance scheme promoters come into force – OUT-LAW.com

Posted March 11th, 2015 in disclosure, HM Revenue & Customs, news, tax avoidance by tracey

‘Promoters of tax avoidance schemes that have been identified as “high risk” by UK tax authorities must now publicise that they are being monitored so that potential customers are aware of the risks of using them, HM Revenue and Customs (HMRC) has announced.’

Full story

OUT-LAW.com, 10th March 2015

Source: www.out-law.com

Regina (Ingenious Media Holdings Ltd) v Revenue and Customs Commissioners – WLR Daily

Posted March 10th, 2015 in appeals, confidentiality, disclosure, HM Revenue & Customs, law reports, media, public interest, tax avoidance by tracey

Regina (Ingenious Media Holdings Ltd) v Revenue and Customs Commissioners: [2015] EWCA Civ 173; [2015] WLR (D) 104

‘In the particular circumstances of the case limited disclosures made by a Revenue and Customs official in an “off the record” briefing with journalists concerning tax avoidance schemes had been made “for the purposes” of a function of the Revenue and Customs, within section 18(2)(a)(i). Therefore there had been no breach of article 18(1) of the Commissioners for Revenue and Customs Act 2005, which required the commissioners to maintain confidentiality of information about a taxpayer’s affairs.’

WLR Daily, 4th March 2015

Source: www.iclr.co.uk

HSBC should face UK criminal charges, says former public prosecutor – The Guardian

Posted February 23rd, 2015 in banking, conspiracy, foreign jurisdictions, fraud, HM Revenue & Customs, international law, news, ombudsmen, prosecutions, public interest, subsidiary companies, tax evasion by sally

‘HSBC’s Swiss arm is potentially open to a range of criminal charges in Britain because there is “credible evidence” that it has had a role in enabling tax evasion, according to a former director of public prosecutions.’

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The Guardian, 22nd February 2015

Source: www.guardian.co.uk

Eclipse Film Partners No 35 LPP v Revenue and Customs Commissioners – WLR Daily

Posted February 19th, 2015 in appeals, HM Revenue & Customs, income tax, interest, law reports, taxation by sally

Eclipse Film Partners No 35 LPP v Revenue and Customs Commissioners [2015 EWCA Civ 95; [2015] WLR (D) 71

‘On the proper meaning and application of “trade” in sections 5 and 863(1) of the Income Tax (Trading and Other Income) Act 2005 and section 362 (1)(b) of the Income and Corporation Taxes Act 1988 the taxpayer carried on the business of exploiting films not amounting to a trade. Accordingly, the taxpayer’s members were not entitled to tax relief in respect of interest on their borrowings.’

WLR Daily, 17th February 2015

Source: www.iclr.co.uk

HMRC failed to prosecute British property mogul who did not pay any tax for 20 years – The Independent

Posted February 17th, 2015 in HM Revenue & Customs, news, tax evasion, taxation by sally

‘HMRC failed to prosecute a British property mogul who did not submit returns or pay any tax for 20 years, it was claimed last night.’

Full story

The Independent, 14th February 2015

Source: www.independent.co.uk

HMRC Dishonesty Allegation “seriously flawed” – RPC Tax Take

Posted January 15th, 2015 in banking, fraud, HM Revenue & Customs, news, taxation, tribunals, VAT by sally

‘The First-tier Tribunal (Tax Chamber) (“FTT”) has ruled, in Citibank NA v Revenue and Customs Commissioners, that HMRC’s pleadings were “seriously flawed”. When alleging fraud against a taxpayer, HMRC must clearly plead that the taxpayer had a dishonest state of mind.’

Full story

RPC Tax Take, 14th January 2015

Source: www.rpc.co.uk