In BTN Flooring Ltd v HMRC [2018] TC06323, the First Tier Tribunal (FTT) cancelled penalties for late filed Construction Industry Scheme (CIS) returns as a combination of not having access codes and chronic stress gave the taxpayer a reasonable excuse for their failure.
SME Tax News
In Bells Financial Services Ltd v HMRC [2018] TC06326, the First Tier Tribunal (FTT) cancelled penalties charged because HMRC’s system was confused by a leap year, also a penalty automatically issued by a computer was invalid: it was not issued by 'an officer of the board' and HMRC’s arguments about when accounting periods begin and end were “simply wrong”.
In Khalid Bhatti v HMRC [2018] TC06332, payroll software issues were not a reasonable excuse for late filing of PAYE returns under Real Time Information (RTI): software issues had been claimed in earlier years with promises of future compliance
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We have a fun-packed web-update this time. IR35, Sole trader v Limited company, trust registration deadlines, last minute R & D and Nesquick.
The Welsh government has proposed a “Vacant Land Tax” (VLT) aimed at land where planning permission has been granted, or that is within a local development plan, but no work has been carried out. The objective is to incentivise companies to build rather than hoarding land to increase its value.
In DJ Wood v HMRC [2018] TC06339, the First Tier Tribunal (FTT) found that a return was unsolicited so late filing penalties could not apply.
In Alan Jackson v HMRC [2018] TC06329, the First Tier Tribunal (FTT) again considered the question of whether a non-UK resident could be expected to know about the Non-Resident CGT regime. In this case, the answer was yes but the penalties were reduced to £100.
In Christa Ackroyd Media Limited v HMRC [2018] TC06334, the First tier tribunal (FTT) held that a BBC television presenter was caught by the IR35 regulations.
- Consultation on measures to increase transparency in the UK labour market
- Extra time to claim reimbursed R&D expenses
- Corporate Intangible Fixed Assets regime: consultation
- Employer bulletin: February 2018
- Consultation: Enforcement of employment rights recommendations
- Nichola's SME Tax W-update 16 February 2018