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Articles by Nigel Giles
Professional bodies urge chancellor to improve HMRC service levels
Home >Articles > Professional bodies urge chancellor to improve HMRC service levels Professional bodies urge chancellor to improve HMRC service levels 1 March 2023 The heads of ten leading UK professional bodies have signed an open letter urging Chancellor Jeremy Hunt to prioritise investment in HMRC’s service levels in his upcoming Budget statement on 15 March 2023.
Windsor Framework potential tax impact
On 27 February 2023, details of the Windsor Framework were revealed. The Framework aims to address issues with the application of the Northern Ireland Protocol, including trade friction. From a tax perspective, the Framework could have important ramifications for VAT, excise and customs. Customs: Under the terms of the Framework there would be no requirement to collect export declarations for a significant majority of trade from Northern Ireland to Great Britain.
O Olufote v HMRC
Home >Articles > O Olufote v HMRC O Olufote v HMRC 28 February 2023 SDLT sub-sale scheme fails In O Olufote v HMRC [2023] UKFTT 130 (TC) (14 February 2023), the FTT dismissed the taxpayer’s appeal against a closure notice charging SDLT of approximately £10,000 on the purchase of a house. The taxpayer had used a sub-sale scheme intended to...
Paradise Wildlife Park Ltd v HMRC
Home >Articles > Paradise Wildlife Park Ltd v HMRC Paradise Wildlife Park Ltd v HMRC 28 February 2023 Whether what was constructed was used for a relevant charitable purpose In Paradise Wildlife Park Ltd v HMRC [2023] UKFTT 122 (TC) (10 February 2023), the FTT decided that construction services supplied to a charity did not qualify for the zero rate of VAT. To the extent that buildings had been constructed, they were...
No case for Budget tax cuts
Home >Articles > No case for Budget tax cuts No case for Budget tax cuts 28 February 2023 In a new report, the IFS suggests that, although the UK’s short-term economic outlook appears more positive than previously anticipated, concerns remain around the longer-term prospects, giving the chancellor little room for manoeuvre in his 15 March 2023 Budget.
HMRC’s stakeholder conference
Home >Articles > HMRC’s stakeholder conference HMRC’s stakeholder conference 22 February 2023 HMRC says it wants ‘working together’ to become its default way of doing business. On 16 February, HMRC held its annual stakeholder conference at the QEII Centre in London, bringing their senior leadership team together with around 200 representatives from professional and trade bodies, software developers and charities groups.
CGT exemption, dwelling-house disposals and the period of ownership
Home >Articles > CGT exemption, dwelling-house disposals and the period of ownership CGT exemption, dwelling-house disposals and the period of ownership 22 February 2023 What is the period of ownership where a house is built on land and occupied some time after acquisition of the land? A complete or partial exemption from CGT on a gain made on disposal of a dwelling-house (or part of a dwelling-house) that is your ‘main residence’ has been a feature of CGT since its earliest days.
Gallaher Ltd v HMRC
Home >Articles > Gallaher Ltd v HMRC Gallaher Ltd v HMRC 21 February 2023 CJEU provides preliminary ruling that the UK’s group transfer rules are compliant with EU law In Gallaher Ltd v HMRC (Case C-707/20) (16 February 2023), the Court of Justice of the European Union (CJEU) gave a preliminary ruling, on request from the UT, that the UK’s group transfer rules (as they existed prior to 18 October 2018) were...
R&D reforms risk damage to UK economy
Home >Articles > R&D reforms risk damage to UK economy R&D reforms risk damage to UK economy 21 February 2023 Research from R&D tax relief consultants ForrestBrown suggests that 50% of UK science and technology businesses expect to relocate at least some of their R&D activity away from the UK as a result of forthcoming changes to the R&D tax relief regime from 1 April 2023.
WM Morrison Supermarkets plc v HMRC
Home >Articles > WM Morrison Supermarkets plc v HMRC WM Morrison Supermarkets plc v HMRC 21 February 2023 Zero rating and the healthiness of food In WM Morrison Supermarkets plc v HMRC [2023] UKUT 20 (TCC) (23 January 2023), the UT considered an appeal against an FTT decision that certain whole food bars sold by the appellant were ‘confectionery’ and therefore excepted from zero rating in...
Companies asked to review R&D claims
Home >Articles > Companies asked to review R&D claims Companies asked to review R&D claims 21 February 2023 HMRC recently launched a ‘one to many’ letter campaign, asking company directors to review previous R&D claims to ensure their accuracy. The letters are part of HMRC’s increased efforts to clamp down on fraudulent R&D tax relief claims, including where companies have been targeted by third parties and encouraged to make claims.
Gray & Farrar International LLP v HMRC
Home >Articles > Gray & Farrar International LLP v HMRC Gray & Farrar International LLP v HMRC 21 February 2023 A matchmaking service not a supply of ‘consultancy’ for VAT purposes In Gray & Farrar International LLP v HMRC [2023] EWCA Civ 121 (13 February 2023), the Court of Appeal (CA) found that a dating matchmaking service was not a supply of consultancy for VAT purposes. This meant the UK VAT would be due even when the...
Corporation tax hike to hit OMBs
Home >Articles > Corporation tax hike to hit OMBs 21 February 2023 The increase in the main rate of corporation tax from 19% to 25% on 1 April 2023 could lead to a significant reduction in business investment, particularly for SMEs, cautions accountancy firm Azets.
Emergency taskforce needed to tackle HMRC backlog, says ICAEW
Home >Articles > Emergency taskforce needed to tackle HMRC backlog, says ICAEW Emergency taskforce needed to tackle HMRC backlog, says ICAEW 16 February 2023 Ministers must set up an emergency taskforce to tackle the unacceptable backlog at HMRC, which has hindered growth, the ICAEW chartered accountancy body has said.
‘Growing confusion’ over Scottish taxes
Home >Articles > ‘Growing confusion’ over Scottish taxes ‘Growing confusion’ over Scottish taxes 15 February 2023 Only 20% of Scots correctly identified that income tax is a shared responsibility of the Scottish and UK parliaments, according to research carried out by the CIOT. This is the lowest figure recorded since the survey was first conducted in 2018 (34%) and is a fall of seven percentage points on the 27% recorded when the poll was last undertaken in 2021.
Investment into and expansion within the UK: acquisition planning
Home >Articles > Investment into and expansion within the UK: acquisition planning Investment into and expansion within the UK: acquisition planning 15 February 2023 When structuring a UK acquisition, there are a myriad of tax issues to consider, as Helena Kanczula (BKL) explains. The current economic uncertainties have impacted the commercial decision-making processes for investors considering expanding into or within the UK.
Scottish government consults on additional dwelling supplement
Home >Articles > Scottish government consults on additional dwelling supplement Scottish government consults on additional dwelling supplement 15 February 2023 The Scottish government is consulting on proposed changes to how the land and buildings transaction tax (LBTT) additional dwelling supplement (ADS) operates.
A change for opting to tax on land and buildings
Whilst the default position is that supplies of land and buildings are usually exempt from VAT (the sale of the freehold interest in new or partly completed commercial buildings excepted), landowners of commercial property will often choose to opt to tax their property holdings.
HMRC publishes updated CWG5
Home >Articles > HMRC publishes updated CWG5 HMRC publishes updated CWG5 15 February 2023 HMRC has published the 2023/24 versions of its CWG5 Booklet which provides guidance for employers on reporting and paying NICs on benefits in kind, including where the employer is payrolling benefits in kind. Although there are no material changes to the Booklet, the revised version retains the , including a worked example of how this affects the calculation of Class 1A NICs for 2022/23.
Couldn’t careless? Reasonable care and the role of professional advisers
Home >Articles > Couldn’t careless? Reasonable care and the role of professional advisers Couldn’t careless? Reasonable care and the role of professional advisers 15 February 2023 Whilst taking professional advice will usually mean a taxpayer has taken reasonable care, not taking advice does not necessarily mean a taxpayer has been careless, write Adam Craggs and Constantine Christofi (RPC).
Gardeners’ question time: SDLT and CGT
The First-tier Tribunal (FTT) case of Sexton & Sexton v HMRC [2023] UKFTT 73 (TC) was about SDLT. But it is perhaps most interesting for its relation to CGT private residence relief. The taxpayers bought a leasehold interest in a flat in the Royal Borough of Kensington and Chelsea. As is not uncommon in that part of the world, ownership of the flat brought with it entitlement to make use of a private communal garden. Legally that was an easement over the garden – itself an interest in land.
UK government again rules out online sales tax
Home >Articles > UK government again rules out online sales tax UK government again rules out online sales tax 14 February 2023 HMRC has published a summary of responses received to its online sales tax (OST) consultation confirming that the proposals will not be taken forward. Considering the concerns raised and the absence of credible solutions to the challenges identified in the consultation, the UK government announced at Autumn Statement 2022 that it would not proceed with an OST.
P Harrison v HMRC
Home >Articles > P Harrison v HMRC P Harrison v HMRC 14 February 2023 Upper Tribunal upholds discovery assessment In P Harrison v HMRC [2023] UKUT 38 (TCC) (3 February 2023), the UT upheld an income tax discovery assessment in respect of the taxpayer’s share of a ‘finder’s fee’ on the sale of a property. The UT rejected the taxpayer’s argument that the tribunal...
CIOT highlights importance of clarity on Tax Certainty for GloBE Rules
Home >Articles > CIOT highlights importance of clarity on Tax Certainty for GloBE Rules CIOT highlights importance of clarity on Tax Certainty for GloBE Rules 14 February 2023 Responding to the OECD’s consultation, the CIOT highlights the importance of clear rules to prevent tax disputes arising, and effective dispute resolution mechanisms where differences in the interpretation or application of the rules do arise between jurisdictions.
HMRC ramps up transfer pricing investigations
Home >Articles > HMRC ramps up transfer pricing investigations HMRC ramps up transfer pricing investigations 14 February 2023 New official transfer pricing statistics show that HMRC settled a record 175 cases involving corporates shifting profits overseas in 2021/22, up from 124 in the previous year. HMRC’s transfer pricing yield statistics show that the department collected £1.5bn in extra tax as a result (broadly in line with the average for the last six years: £1.6bn).
New Litigation and Settlement Strategy manual
Home >Articles > New Litigation and Settlement Strategy manual New Litigation and Settlement Strategy manual 14 February 2023 HMRC has published a new internal guidance manual on its Litigation and Settlement Strategy (LSS), the framework within which HMRC resolves tax disputes through civil law processes and procedures. The LSS applies irrespective of whether the dispute is resolved by agreement with the customer or through litigation.
Economic Crime and Corporate Transparency Bill
Home >Articles > Economic Crime and Corporate Transparency Bill Economic Crime and Corporate Transparency Bill 14 February 2023 The anticipated ‘failure to prevent’ offences are expected to be added to the Economic Crime and Corporate Transparency Bill at House of Lords Committee Stage.
T Good v HMRC
Home >Articles > T Good v HMRC T Good v HMRC 14 February 2023 Court of Appeal finds taxpayer was ‘entitled to’ income under film rights scheme In T Good v HMRC [2023] EWCA Civ 114 (10 February 2023), the Court of Appeal (CA) upheld the findings of the Upper Tribunal (UT) that the taxpayer, who had participated in a scheme for the exploitation of film rights, was subject to income tax on...
K Bachra v HMRC
Home >Articles > K Bachra v HMRC K Bachra v HMRC 14 February 2023 VAT recovery denied on basis of connection with fraud was not ‘deliberate’ conduct In K Bachra v HMRC [2023] UKFTT 91 (TC) (30 January 2023), the First-tier Tribunal (FTT) held that an inaccuracy arising because the taxpayer ‘should have known’ that transactions were connected to VAT fraud was not ‘deliberate’ conduct for the...
Further retained EU law identified
Home >Articles > Further retained EU law identified Further retained EU law identified 15 February 2023 The Department for Business and Trade (formerly the Department for Business, Energy and Industrial Strategy (BEIS)) has added over 1,000 additional pieces of retained EU law (REUL) to its Retained EU law dashboard. The extra legislation was identified in the period from July 2022 to January 2023 as part of an ongoing exercise to identify REUL that did not have a clear departmental owner.
The corporation tax increase is approaching: rate changes from 1 April 2023
Home >Articles > The corporation tax increase is approaching: rate changes from 1 April 2023 The corporation tax increase is approaching: rate changes from 1 April 2023 1 February 2023 Augmented profits, associated companies and interaction with QIPs are just some of the issues to consider in advance of the rate change from April, as Nigel Giles and Ben Charles (BDO) explain.
JPUTs may need to be registered under the TRS
Some of the most commonly used trust structures in UK real estate ownership are Jersey property unit trusts (JPUTs). It has become clear recently, following confirmation from HMRC, and HMRC now changing its published guidance (see Trust Registration Service Manual at TRSM10030, updated on 31 January 2023), that the trust registration service (the TRS) can apply to JPUTs. If it applies, trustees will need to register the trust with HMRC under the TRS and keep records.
Number 96 – Australia's First 'Adults Only' Soap
Mike Walsh Meets the Cast of Number 96 Number 96 ran for five-and-a-half years, ending production at episode 1,218 in 1977. In 1981, several former Number 96 cast members appeared on The Mike Walsh Show to celebrate the groundbreaking 1970s soap and its director Brian Phillis. Appearing were Sheila Kennelly (who played Norma Whittaker), Pat McDonald (Dorrie Evans), Joe Hasham (Don Finlayson) and Johnny Lockwood (Aldo Godolfus).
Temporary non-residence: the anti-avoidance rules
Home Analysis Temporary non-residence: the anti-avoidance rules Home Analysis Temporary non-residence: the anti-avoidance rules 2 December 2021 Speed read Anti-avoidance rules prevent a formerly UK-resident taxpayer from taking advantage of a short period of non-residence to realise income or gains outside the UK and, as a result, escape UK taxation on the receipt.
Investors’ relief
11 March 2021 Speed read Investors’ relief (IR) was introduced in 2016 to encourage entrepreneurial investors to invest new capital into unquoted trading companies. The three-year minimum holding period for shares subscribed for on or after 6 April 2016 was first met in April 2019. With a lifetime limit of £10m for qualifying gains, this relief now assumes greater importance, following the drastic reduction to (what is now) the business asset disposal relief investment limit by FA 2020.
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