Category: taxation
Case Preview: Commissioners for His Majesty’s Revenue and Customs v Vermilion Holdings Limited – UKSC Blog
‘In this post, Jack Prytherch, Of Counsel in the Tax team at CMS, previews the decision awaited from the Supreme Court in Commissioners for His Majesty’s Revenue and Customs v Vermilion Holdings Limited. The appeal was heard by the Supreme Court on 7 February 2023.’
UKSC Blog, 9th February 2023
Source: ukscblog.com
Case Comment: DCM (Optical Holdings) Ltd v Commissioners for His Majesty’s Revenue and Customs [2022] UKSC 26 – UKSC Blog
‘In this post, Neal Chandru, an Associate in the Tax team at CMS, comments on the case of DCM (Optical Holdings) Ltd (“DCM”) v Commissioners for his Majesty’s Revenue and Customs (“HMRC”) [2022] UKSC 26 – handed down on 12 October 2022.’
UKSC Blog, 23rd January 2023
Source: ukscblog.com
When is a contractor not a contractor? – OUT-LAW.com
‘It is essential that contractors, and anyone hiring contractors or consultants, in the UK understand what could give rise to UK employment law obligations.’
OUT-LAW.com, 12th January 2023
Source: www.pinsentmasons.com
Large award of damages and/or equitable compensation ordered against the perpetrators of a labour supply fraud (Umbrella Care Ltd v Nisa and ors) – Gatehouse Chambers
‘Dispute Resolution analysis: A large award of damages and/or equitable compensation has been made against the directors and connected companies of a company which was used to perpetrate a large scale labour supply fraud against HMRC.’
Gatehouse Chambers, 21st December 2022
Source: gatehouselaw.co.uk
“Spent” golden contract means enterprise zone allowances disallowed – OUT-LAW.com
‘Investors behind the construction of two data centres could not claim Enterprise Zone allowances (EZAs) on the expenditure they incurred because it was deemed to have been incurred under a contract entered into outside of the statutory window for claiming the allowances.’
OUT-LAW.com, 11th November 2022
Source: www.pinsentmasons.com
Case Preview: News Corp UK & Ireland Limited v Commissioners for His Majesty’s Revenue and Customs – UKSC Blog
‘In this post, Jack Prytherch, Of Counsel in the Tax team at CMS, previews the case of News Corp UK & Ireland Limited v Commissioners for His Majesty’s Revenue and Customs, which is scheduled to be heard on 22 and 23 November 2022.’
UKSC Blog, 31st October 2022
Source: ukscblog.com
Will your UK damages be taxable? – OUT-LAW.com
‘Awards and settlements in commercial disputes can be taxable in the claimant’s hands. The tax treatment of damages should be considered at an early stage as this may need to be factored into the amount claimed. Tax also needs to be considered in settlement negotiations to ensure the offer is enough.’
OUT-LAW.com, 11th October 2022
Source: www.pinsentmasons.com
First Tier Tribunal (Tax Chamber) – Payment of Tax or Hardship Application not Required to Lodge Notice of Appeal – 23 Essex Street
‘On 19 May 2017 HMRC decided that SNMP was not entitled to repayments of input tax claimed in respect of ten accounting periods and issued assessments for £312,377. That decision was later confirmed following a statutory review under sections 83A-G Value Added Tax Act 1994 (“VATA”). The solicitors for SNMP submitted a notice of appeal on 18 August 2017 but an application for hardship was not made nor had the amount in dispute been paid. As a consequence the FTT returned the appeal. The solicitors for SNMP re-submitted the appeal on 31 August 2017 but the disputed tax had still not been paid and neither had a hardship application been made. On the same date the FTT returned the appeal for the same reason as before by e-mail. Unfortunately the FTT used the wrong e-mail address for the solicitor and it was never received.’
23 Essex Street, 25th August 2022
Source: www.23es.com
Football clubs warned over tax risk from dual-role agents – OUT-LAW.com
‘Football clubs in the UK have been warned that they may be underpaying tax owed in respect of player contracts in cases where agents have represented both them and the player in the contract negotiations.’
OUT-LAW.com, 19th August 2022
Source: www.pinsentmasons.com
Supreme Court decision highlights complexity of the UK’s tax system – OUT-LAW.com
‘A recent UK Supreme Court decision is a reminder of some of the issues that need to be considered when calculating UK corporation tax profits whilst also highlighting the complexity of the UK’s tax system.’
OUT-LAW.com, 15th August 2022
Source: www.pinsentmasons.com
MoR proposes ‘major new project’ to boost blockchain – Law Society’s Gazette
‘Putting tax payments or property transactions on blockchain – or issuing a Bank of England-backed digital currency – would help entrench English law as the forum of choice for resolving crypto disputes, the master of the rolls has said in a constitutionally daring intervention into policy-making.’
Law Society's Gazette, 26th July 2022
Source: www.lawgazette.co.uk
FCA investigates Wise co-founder after tax default – The Guardian
‘The UK’s financial regulator is investigating the co-founder of payments company Wise after he failed to pay his taxes.
The Guardian, 27th June 2022
Source: www.theguardian.com
EV charging infrastructure – construction, projects, planning and tax issues – Practical Law: Construction Blog
‘In the third and final blog in our series looking at common queries on the roll out of EV infrastructure (see our previous blogs on progress and challenges and landlord and tenant issues) we focus on construction, planning and tax aspects.’
Practical Law: Construction Blog, 11th May 2022
Taxing Issues – The Impact of The Thornhill Case – Hailsham Chambers
‘In this case note, Simon Howarth QC discusses the recent case of McLean v Thornhill and considers the wider implications of this important judgment, both in the context of claims arising out of failed tax schemes and more generally.’
Hailsham Chambers, 31st March 2022
Source: www.hailshamchambers.com
UK owes EU money over customs fraud, court rules – BBC News
‘The UK faces making a potentially hefty payment to the EU after its top court ruled it did too little to prevent fraud on imports of Chinese clothing.’
BBC News, 8th March 2022
Source: www.bbc.co.uk
Case Preview: Commissioners for Her Majesty’s Revenue and Customs v NCL Investments Ltd and another – UKSC Blog
‘In this post, Andre Anthony, a senior associate in the Tax team at CMS, previews the decision awaited from the UK Supreme Court in Commissioners for Her Majesty’s Revenue and Customs v NCL Investments Ltd and another EWCA Civ 663. The appeal was heard by the Supreme Court on 25 and 26 January 2022. The Supreme Court was asked to consider whether accounting debits relating to the grant of share options to employees are a deductible expense for corporation tax purposes.’
UKSC Blog, 21st February 2022
Source: ukscblog.com
Expect forward-looking UK corporate tax reform in coming months – OUT-LAW.com
‘This year may finally provide the UK chancellor of the exchequer, Rishi Sunak, with an opportunity to develop medium to long-term strategic corporate tax policies.’
OUT-LAW.com, 17th February 2022
Source: www.pinsentmasons.com
Self-Employment Support Scheme appeal dismissed – UK Human Rights Blog
‘R. (on the application of Motherhood Plan) v HM Treasury [2021] EWCA Civ 1703. In a judgment handed down on 24 November 2021, the Court of Appeal dismissed an appeal concerning the lawfulness of the Self-Employment Income Support Scheme (“the Scheme”) which was introduced by the Government in April 2020 during the first lockdown as part of its response to the Covid-19 pandemic.’
UK Human Rights Blog, 17th January 2022
Source: ukhumanrightsblog.com
Leaseholders will not have to pay to fix any fire risks, government pledges – The Guardian
‘New legislation will protect leaseholders from the costs of all post-Grenfell building safety defects, not just combustible cladding, the government has said.’
The Guardian, 10th January 2022
Source: www.theguardian.com
