HMRC v Healy
Tax relief on an actor's accommodation costs: HMRC given leave to appeal to the UTT.
Coopers v HMRC [2012] UKFTT 439 (TC) TC 02120
A partnership was set up to provide cars to a company owned by the partners, who were also its directors in an arrangement aiming to avoid car benefit charge. The Tribunal found that the partnership was "little more than an extension of the company set up and operated in order to avoid or reduce income tax and a National Insurance charge for the company." In paying the partnership to provide cars which were used by the directors, the company was indirectly providing cars and fuel "by reason of employment" and so a tax charge resulted for the directors with Class 1A for the employer.
See Tax masterclass: running an LLP & Co structure for guidance on how to avoid a similar charge.
Aspect Capital Limited v HMRC [2012] UKFTT 430 (TC) TC02112
A nil paid employee share scheme failed. Employees were transferred shares under a scheme to avoid an income tax and NICs charge. The shares remained unpaid however the Tribunal agreed with HMRC that a debt arose on transfer and as the company was a close company there was a deemed charge under s419(1) ICTA 1988 (now s455 CTA 2010) on loans to participators.
Sloane Robinson Investment Services Limited v HMRC [2012] UKFTT 451 TC02132
Yet another failed tax scheme involving an employer putting money into companies which rewarded employees with shares and money came out again when the investeee companies were liquidated. The Tribunal found that the money was bonuses and earnings from employment.
