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Nov 6, 2024 | 
taxjournal.com | Adam Craggs |Liam McKay |Julian Feiner |Mike Lane
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Oct 15, 2024 | 
lexology.com | Liam McKay
In John Douglas Wardle v HMRC [2024] UKFTT 00543 (TC), the First-tier Tribunal (FTT) allowed the taxpayer's appeal and confirmed that a limited liability partnership had commenced trading, for the purposes of Entrepreneur's Relief (ER). BackgroundJohn Douglas Wardle (the Appellant) had an interest in Biomass UK No. 1 LLP (the LLP), which undertook a project to construct a waste-to-energy power plant (the Plant) at the Port of Hull (the Hull Project).
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Jul 24, 2024 | 
lexology.com | Michelle Sloane |Liam McKay
Wealthy individuals have long been the focus of a substantial part of HMRC’s compliance activities, but a difficult economic climate together with a looming general election and possible change of government is likely to lead to even greater scrutiny of HNWs by HMRC in the short term.
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Jul 9, 2024 | 
lexology.com | Liam McKay
In HMRC v Marlborough DP Ltd [2024] UKUT 98 (TCC), the Upper Tribunal (UT) allowed HMRC's appeal (in part), finding that payments made under a tax avoidance scheme were caught by Part 7A, Income Tax (Earnings and Pensions Act) 2003 (ITEPA). BackgroundDr Matthew Thomas was a dentist who carried on a dental practice through Marlborough DP Ltd (MDPL), his wholly-owned company.
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May 28, 2024 | 
lexology.com | Liam McKay
In HMRC v Sehgal [2024] UKUT 00074 (TCC), the Upper Tribunal (UT) dismissed HMRC's appeal and confirmed that transactions entered into by the taxpayers for the sale of shares did not give rise to a taxable remittance under section 809L, Income Tax Act 2007 (ITA 2007). BackgroundRaj Sehgal and Sanjeev Mehan (the Taxpayers) were UK resident non-UK domiciled individuals.
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Apr 22, 2024 | 
lexology.com | Liam McKay
In L & L Europe Ltd v HMRC [2024] UKFTT 00144 (TC), the First-tier Tribunal (FTT) allowed the taxpayer's appeal against HMRC's assessment of underdeclared Remote Gaming Duty (RGD), finding that cashback payments constituted prizes won, for the purposes of section 157, Finance Act 2014 (FA 2014). Background L & L Europe Ltd (Europe) operated online casinos providing the facility for customers to gamble by way of games simulating slot machines and live dealer games.
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Mar 18, 2024 | 
lexology.com | Liam McKay
In Fisher v HMRC [2023] UKSC 44, the Supreme Court (SC) allowed the taxpayers' appeals, finding that they were not "transferors" for the purposes of the Transfer of Assets Abroad (TOAA) provisions contained in the Income and Corporation Taxes Act 1988 (ICTA). BackgroundStephen and Mark Fisher (the Fishers) were minority shareholders and directors of the UK-based betting business Stan James (Abingdon) Ltd (SJA).
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Feb 5, 2024 | 
lexology.com | Liam McKay
In Smith v HMRC [2023] UKFTT 00912 (TC), the First-tier Tribunal (FTT) allowed the taxpayers' appeals against discovery assessments, finding that a transfer of goodwill did not amount to a distribution under section 1000, Corporation Tax Act 2010 (CTA), because the goodwill was owned personally by the taxpayers. BackgroundMr Smith and Mr Corbett (the Appellants) were independent financial advisors.
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Sep 7, 2023 | 
taxjournal.com | Robert Waterson |Liam McKay |David Whiscombe |Andrew Levene
Home >Articles > A tax on conscience? A moral dilemma for non-residents A tax on conscience? A moral dilemma for non-residents © Copyright LexisNexis 2023. All rights reserved. 7 September 2023 Speed read In HMRC v A Taxpayer, the Upper Tribunal (UT) considered the meaning of ‘exceptional circumstances’ for the purposes of the statutory residency test (SRT) in FA 2013.
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Sep 5, 2023 | 
lexology.com | Liam McKay
In Ebuyer (UK) Ltd v HMRC [2023] UKFTT 00611 (TC), the First-tier Tribunal (FTT) held that HMRC had committed a serious and significant breach of an 'unless order' in respect of disclosure, and therefore denied HMRC's application for relief from sanctions and barred it from further participation in the proceedings.
