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Articles by Victor Cramer
HMRC manual changes: 27 January 2023
Home >Articles > HMRC manual changes: 27 January 2023 HMRC manual changes: 27 January 2023 26 January 2023 This roundup sets out the most important changes to HMRC manuals over the past week as curated by our editors. Direct taxes Manual Page Comments Capital Gains Manual Updated: CG16760 Update to the guidance on elections to rebase to 31 March 1982 value for companies to reflect the freezing of the indexation allowance...
VAT in the digital age: the European Commission’s proposals
Home >Articles > VAT in the digital age: the European Commission’s proposals VAT in the digital age: the European Commission’s proposals 26 January 2023 The EU has introduced far-reaching legislation governing the digital reporting of transactions, write Luigi Lungarella and Nadav Shayovitz (PKF Littlejohn).
Is tax competition dead? What factors do multinationals take into account?
Home >Articles > Is tax competition dead? What factors do multinationals take into account? Is tax competition dead? What factors do multinationals take into account? 26 January 2023 Weighing up the competitiveness of different jurisdictions from a corporate tax perspective requires a nuanced analysis. Sarah Osprey (Slaughter and May) sets out the key factors to consider and explains why, with tax, it is rare to find a jurisdiction that is a clear winner. How important is tax?
Bills before Parliament
Home >Articles > Bills before Parliament Bills before Parliament 26 January 2023 The Retained EU Law (Revocation and Reform) Bill has completed its passage through the House of Commons and has had its first reading in the Lords. No date has yet been set for its second reading. The Stamp Duty Land Tax (Temporary Relief) Bill has now completed its passage through the House of Lords. No date has yet been set for royal assent.
Former chancellor under increasing pressure over tax affairs
Home >Articles > Former chancellor under increasing pressure over tax affairs Former chancellor under increasing pressure over tax affairs 26 January 2023 Prime minister Sunak has asked his ethics adviser to look into whether Mr Zahawi’s conduct breached the ministerial code which, in essence, asks whether the minister potentially was less than transparent when addressing questions on his tax affairs.
MPTL, IR35 & late appeals
I have been reading the decision of the First-tier Tribunal in MPTL Ltd v HMRC [2022] UKFTT 472 (TC) which strikes me as a very harsh decision. MPTL had been in dispute with HMRC in relation to assessments raised on the company in relation to IR35. The company asked for a review. It received a 19 page decision on 20 December 2021.
The taxation of settlement agreements: a new approach?
Home >Articles > The taxation of settlement agreements: a new approach? The taxation of settlement agreements: a new approach? 26 January 2023 Joshua Carey and Marianne Tutin (Devereux Chambers) discuss a recent tribunal decision that highlights why the tax treatment of sums paid under any settlement agreements must be considered carefully.
Other cases that caught our eye: 27 January 2023
Home >Articles > Other cases that caught our eye: 27 January 2023 24 January 2023 Administration of estates: In N Hall v HMRC [2023] UKFTT 32 (TC) (10 January 2023), a widow died and in her will granted an unrelated individual who had provided her with considerable practical support during her declining years the right to live in...
Indexation of allowances for 2023/24
Home >Articles > Indexation of allowances for 2023/24 Indexation of allowances for 2023/24 24 January 2023 The Income Tax (Indexation of Blind Person’s Allowance and Married Couple’s Allowance) Order, SI 2023/36 increases the blind person’s allowance and married couple’s allowance by just over 10% for the 2023–24 tax year. The increase is also applied to the income limit above which the married couple’s allowance is reduced, and the minimum amount after the effect of that reduction.
Hoopla Animation Ltd v HMRC
Home >Articles > Hoopla Animation Ltd v HMRC Hoopla Animation Ltd v HMRC 24 January 2023 EIS disqualifying arrangements In Hoopla Animation Ltd v HMRC [2023] UKFTT 24 (TC) (3 January 2023), the FTT dismissed the company’s appeal against HMRC’s decision not to allow it to issue compliance certificates under the enterprise investment scheme (EIS). A substantial...
VAT partial exemption special methods for insurers
Home >Articles > VAT partial exemption special methods for insurers VAT partial exemption special methods for insurers 24 January 2023 HMRC and the Association of British Insurers have together published new, detailed guidance to help insurers gain approval for ‘fair and reasonable’ partial exemption special methods. covers the basic principles of partial exemption with a focus on the direct attribution of input tax and methods of allocation of residual input tax.
2 Green Smile Ltd v HMRC
Home >Articles > 2 Green Smile Ltd v HMRC 2 Green Smile Ltd v HMRC 24 January 2023 Business incorporated on date of de facto transfer In 2 Green Smile Ltd v HMRC [2023] UKFTT 15 (TC) (20 December 2022), the FTT allowed the taxpayers’ appeals and decided that there had been a de facto transfer of a dental business from a partnership to a company established by the partners on 1...
Gift aid admin fees
Home >Articles > Gift aid admin fees Gift aid admin fees 24 January 2023 In updated guidance ( on Gov.uk) HMRC has confirmed that, where an administration fee is deducted from a charitable donation which reduces the actual amount received by the charity, the gross amount of the donation remains eligible for gift aid.
HBOS and Lloyds Banking Group v HMRC
Home >Articles > HBOS and Lloyds Banking Group v HMRC HBOS and Lloyds Banking Group v HMRC 24 January 2023 VAT overpayment interest due following legislative error In HBOS and Lloyds Banking Group v HMRC [2023] UKUT 13 (TCC) (13 January 2023), the Upper Tribunal (UT) held the appellants were entitled to interest from HMRC from the time that they would have made repayment claims had UK legislation been compliant...
Concerns raised over HMRC service levels
The ICAEW is calling on HMRC to ‘make immediate changes’ to its customer service operations in the final run-up to the 31 January self-assessment deadline, reporting that some callers to HMRC’s helplines have been put on hold for more than one hour before then being cut off.
Isle of Wight NHS Trust & others v HMRC
Home >Articles > Isle of Wight NHS Trust & others v HMRC Isle of Wight NHS Trust & others v HMRC 24 January 2023 What constitutes an appealable decision? In Isle of Wight NHS Trust & others v HMRC [2023] UKFTT 23 (9 January 2023), the First-tier Tribunal (FTT) held that based on the facts of the case, a reply from HMRC in response to correspondence regarding the VAT liability of certain supplies was...
New guidance on trust penalties
Home >Articles > New guidance on trust penalties New guidance on trust penalties 24 January 2023 In a major revamp of its guidance for trustees, HMRC has published new content confirming the penalties it can issue where trustees fail to register or maintain the details of a trust. The new guidance notes HMRC’s discretion to waive penalties where a failure was not deliberate and where the trustees take remedial action.
HMRC manual changes: 20 January 2023
Home >Articles > HMRC manual changes: 20 January 2023 HMRC manual changes: 20 January 2023 19 January 2023 This roundup sets out the most important changes to HMRC manuals over the past week as curated by our editors. Direct taxes Manual Page Comments Capital Allowances Manual Added: CA11145 Additional page on ‘Capital allowances claims and partnerships’. Capital Gains Manual Updated: CG55415 Replaced...
Timing of dividends for income tax purposes
Home >Articles > Timing of dividends for income tax purposes Timing of dividends for income tax purposes 19 January 2023 Dominic Stuttaford and Aiden Hepworth (Norton Rose Fulbright) examine two recent First-tier Tribunal decisions on the taxation of dividends of UK resident companies.
ATED revaluations due in 2023/24
Home >Articles > ATED revaluations due in 2023/24 ATED revaluations due in 2023/24 18 January 2023 The 2023/24 chargeable period for annual tax on enveloped dwellings (ATED) is a revaluation year. Revaluations are required every five years and apply regardless of when the property was acquired, and determine which band the property falls into. HMRC has reminded companies to revalue their properties using the valuation date of 1 April 2022 (or date of acquisition if later).
Deciphering the leaseholder: beating HMRC’s odd habit
Home >Articles > Deciphering the leaseholder: beating HMRC’s odd habit Deciphering the leaseholder: beating HMRC’s odd habit 18 January 2023 HMRC has extended its losing streak against law firms that take leases through a subsidiary company. Chris Nyland (Scammell & Nyland) explores why HMRC keeps attacking the same structure, and how better to ensure that it doesn’t win.
VAT relief for non-business activities
Home >Articles > VAT relief for non-business activities VAT relief for non-business activities 18 January 2023 The Value Added Tax (Refund of Tax) Order, SI 2023/19, specifies the four Welsh Corporate Joint Committees for the purposes of VATA 1994 s 33. The order enables those bodies to claim refunds of VAT charged on goods and services purchased for their non-business activities, ensuring they receive parity of treatment with other local government bodies.
Victory - but at what cost?
Home >Articles > Victory – but at what cost? Victory – but at what cost? 18 January 2023 From a review of recent costs decisions, it is difficult to escape the conclusion that the FTT can be guilty of inconsistency and results-led reasoning when exercising its jurisdiction in relation to costs orders, write Adam Craggs and Harry Smith (RPC). Several interesting costs decisions have emerged from the First-tier Tribunal (FTT) in recent months.
UK continues to disregard pandemic-related work location changes
Home >Articles > UK continues to disregard pandemic-related work location changes UK continues to disregard pandemic-related work location changes 18 January 2023 HMRC will continue to be able to consider cases where work location changes, caused solely by the Covid-19 pandemic, are disregarded for the purposes of issuing certificates of continuing liability to UK NICs, reports the ICAEW.
HMRC launches consultation on single R&D scheme
Home >Articles > HMRC launches consultation on single R&D scheme HMRC launches consultation on single R&D scheme 18 January 2023 HMRC is consulting on potential options to simplify the UK’s R&D tax relief system. Closing on 13 March 2023, the consultation sets out proposals for how a single R&D scheme based on the research and development expenditure credit (RDEC) could be designed and implemented.
White space disclosures
In recent minutes from a meeting involving HMRC’s ‘Wealthy’ team (see bit.ly/3wdDgly), which focuses on the personal tax affairs of individuals with higher levels of income or assets, it was highlighted that it would like certain taxpayers to include more detailed information on their returns. Specifically, HMRC would like such information to be made via a voluntary disclosure of information in the ‘any other information’ box of a tax return.
Private client review for January 2023
Home >Articles > Private client review for January 2023 Private client review for January 2023 18 January 2023 A couple of taxpayer victories concerning the income tax treatment of dividends are among the developments reviewed by Edward Reed and Andy Carruthers (Macfarlanes). Reaping the dividends
It is reasonably rare to see reported cases on dividends, rarer still to see (no less than two) dividend cases where the taxpayer wins.
Ridgway, SDLT and s 75A: HMRC giveth and taketh away
Home >Articles > Ridgway, SDLT and s 75A: HMRC giveth and taketh away Ridgway, SDLT and s 75A: HMRC giveth and taketh away 18 January 2023 Patrick Cannon (Cannon Chambers) examines a recent tribunal decision on self-assessed mixed-use SDLT and the broader issue of reliance on HMRC’s published guidance.
TalkTalk Telecom: VAT and discounts for prompt payment
TalkTalk Telecom Ltd v HMRC [2023] UKFTT 12 (TC) (see also page 7) concerns the pre-2014 prompt payment discount legislation. HMRC disagreed both as to the meaning of the prompt payment discount legislation, and also as to the contractual effect of the way the discount was offered. A dispute ensued, with references to Pepper v Hart [1993] AC 593, as well as statutory and contractual construction.
Wired Orthodontics Ltd and others v HMRC
Home >Articles > Wired Orthodontics Ltd and others v HMRC Wired Orthodontics Ltd and others v HMRC 17 January 2023 Gold bullion awarded to directors constituted earnings and was not deductible In Wired Orthodontics Ltd and others v HMRC [2023] UKFTT 17 (TC) (6 January 2023), the First-tier Tribunal (FTT) held that the award of £300,000 worth of gold bullion by a company to its directors formed part of the directors’ taxable earnings. The...
G Wagstaff v HMRC
Home >Articles > G Wagstaff v HMRC G Wagstaff v HMRC 17 January 2023 NIC personal liability notice upheld In G Wagstaff v HMRC [2022] UKUT 327 (TCC) (6 December 2022), the UT dismissed an appeal against a personal liability notice issued to the director of a company in liquidation in respect of the company’s NICs liabilities and rejected the director’s...
Mainpay Ltd v HMRC
Home >Articles > Mainpay Ltd v HMRC Mainpay Ltd v HMRC 17 January 2023 Expenses paid to workers by an umbrella company were not deductible In Mainpay Ltd v HMRC [2023] UKFTT 16 (TC) (21 December 2022), the FTT found that travel and subsistence expenses paid by an umbrella company to workers it contracted and supplied via employment agencies were subject to tax. Each separate assignment...
HMRC v Root2 Tax Ltd
Home >Articles > HMRC v Root2 Tax Ltd HMRC v Root2 Tax Ltd 17 January 2023 DOTAS penalty was out of time In HMRC v Root2 Tax Ltd [2022] UKUT 353 (TCC) (20 December 2022), the Upper Tribunal (UT) dismissed HMRC’s appeal against the FTT’s decision rejecting their application for a penalty for failure by a promoter to notify arrangements under DOTAS. The...
M Kensall v HMRC
Home >Articles > M Kensall v HMRC M Kensall v HMRC 17 January 2023 HICBC appeal fails despite HMRC ‘misdirection’ In M Kensall v HMRC [2023] UKFTT 11 (TC) (21 December 2022), the FTT dismissed the taxpayer’s (K’s) appeal against discovery assessments in respect of the high income child benefit charge (HICBC) but allowed his appeals against penalties for failure...
International review for January 2023
Home >Articles > International review for January 2023 International review for January 2023 26 January 2023 Tim Sarson (KPMG) provides a recap of recent Pillar One and Two developments, and looks ahead to what’s in store throughout 2023. Pillar Two implementation package published
On 20 December 2022 the OECD/G20 Inclusive Framework (IF) on BEPS released its much-anticipated Pillar Two implementation package. The package includes three documents:
1. Guidance on safe harbours and...
Other cases that caught our eye: 2 December 2022
Home >Articles > Other cases that caught our eye: 2 December 2022 28 November 2022 Termination payment: In Mrs A v HMRC [2022] UKFTT 421 (TC) (14 November 2022), the taxpayer agreed a compromise settlement with her employer for a sum in excess of £1m. A relatively small amount was agreed as non-taxable compensation for injury...
HMRC manual changes: 2 December 2022
Home >Articles > HMRC manual changes: 2 December 2022 HMRC manual changes: 2 December 2022 30 November 2022 This roundup sets out the most important changes to HMRC manuals over the past week as curated by our editors. Direct taxes Manual Page Comments Company Taxation Manual Updated: CTM03790 Addition of an example of when ostensibly independent businesses undertaking mutually beneficial activities and with a common customer...
Treasury publishes Autumn Finance Bill 2022
The Treasury published a new Finance Bill on 21 November 2022. This is a short Bill which deals with some of the more straightforward tax changes announced in the Autumn Statement on 17 November. According to the UK Parliament website, Committee and all remaining stages are scheduled for 30 November 2022. Should the Bill gain Royal Assent before the end of the year (as expected), it will become Finance (No 2) Act 2022.
Residence: new rules, old rules
Anybody reading the recent case of K McCabe v HMRC [2022] UKFTT 356 (TC) is likely to conclude that the statutory residence test is a blessing in disguise (although it’s pretty heavily disguised in my view).
New HMRC tools and guidance
Home >Articles > New HMRC tools and guidance New HMRC tools and guidance 29 November 2022 HMRC’s Stakeholder Digest (24 November 2022) highlights a new interactive tool which helps individuals understand a notice of coding. The new guidance is available from HMRC’s pages.
UTRs on the HMRC app
Home >Articles > UTRs on the HMRC app UTRs on the HMRC app 29 November 2022 The HMRC app now includes functionality which allows taxpayers to easily copy and paste their unique taxpayer reference from the app to other documentation – for example, where they need to send their UTR to their agent. HMRC has reported that every year it receives ‘thousands of calls’ relating to lost UTRs. This enhancement to the app aims to eliminate that problem.
Nudge, nudge: offshore companies owning UK property
Home >Articles > Nudge, nudge: offshore companies owning UK property Nudge, nudge: offshore companies owning UK property 29 November 2022 Offshore companies owning UK property are being asked to certify their tax position. HMRC has started issuing nudge letters to offshore companies owning UK property who they believe may have an outstanding liability to UK tax.
The judgment in DCM: one for the birds?
Home >Articles > The judgment in DCM: one for the birds? The judgment in DCM: one for the birds? 29 November 2022 The Supreme Court has given HMRC maximum leeway. The Supreme Court’s recent decision in DCM (Optical Holdings) Ltd v HMRC [2022] UKSC 26 (DCM) restates Pegasus Birds Ltd v C&E Commissioners [2000] STC 91 and it brings two issues into focus: the time limits on HMRC’s assessment powers; and the inequality of arms between the taxpayer and HMRC when it comes to being fixed with knowledge.
Update on UK sovereign immunity consultation
Home >Articles > Update on UK sovereign immunity consultation 29 November 2022 HM Treasury is currently considering the feedback on its consultation on sovereign immunity, including the details on design and implementation, the use of fund structures as capital gains rollup vehicles and the tax treatment of sovereigns’ UK office activities. A decision by ministers on how to proceed is expected ‘in due course’.
M Jays and another v HMRC
Home >Articles > M Jays and another v HMRC M Jays and another v HMRC 28 November 2022 Declared but withheld dividends were not taxable income In M Jays and another v HMRC [2022] UKFTT 420 (TC) (22 September 2022), the First-tier Tribunal (FTT) found that dividends credited to a blocked directors’ account which, under the terms of an agreement, could not be accessed by the directors, were...
GE Aircraft Engine Services Ltd v HMRC
Home >Articles > GE Aircraft Engine Services Ltd v HMRC GE Aircraft Engine Services Ltd v HMRC 28 November 2022 Retail vouchers given away free to employees did not result in deemed VAT charge In GE Aircraft Engine Services Ltd v HMRC (Case C‑607/20) (17 November 2022), the CJEU held that no deemed supply of services arose for VAT purposes on vouchers given away free of charge by a company as part of its employee recognition...
M Brown and another v HMRC
Home >Articles > M Brown and another v HMRC M Brown and another v HMRC 28 November 2022 SDLT scheme ruled ineffective In M Brown and another v HMRC [2022] UKUT 298 (TCC) (15 November 2022), the Upper Tribunal (UT) held that a marketed SDLT scheme failed. The scheme involved a distribution in specie of a house by a company and was intended to result in no liability...
Staleness refreshed: delay and abuse of process in the FTT
Home >Articles > Staleness refreshed: delay and abuse of process in the FTT Staleness refreshed: delay and abuse of process in the FTT 25 November 2022 Sophie Rhind (Macfarlanes) reviews two recent cases which examine when the tribunal will bar HMRC from proceeding in cases where the department’s delay affects hearings. Delays by HMRC are nothing new, but two recent First-tier Tribunal (FTT) decisions show a new approach by the FTT in dealing with such delays when they impact upon a hearing.
Hybrid and other mismatch exemption to continue past 1 January 2023
Home >Articles > Hybrid and other mismatch exemption to continue past 1 January 2023 Hybrid and other mismatch exemption to continue past 1 January 2023 4 October 2022 HMRC briefly published a policy paper on 21 September, confirming the intention to issue new regulations to ensure continuation of the existing exemption from counteraction under the hybrid and other mismatch rules for certain hybrid capital and debt instruments issued by banks from 1 January 2023 (when it had originally been...
Other cases that caught our eye: 7 October 2022
Home >Articles > Other cases that caught our eye: 7 October 2022 29 September 2022 In Aozora GMAC Investment Ltd v HMRC [2022] UKUT 258 (TCC) (23 September), the UT agreed with the FTT’s decision that the relevant legislation at the time, ICTA 1988 s 793A(3) (now found in TIOPA 2010 s 11(3)), did not prevent the taxpayer from being...
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