In M Najib & Sons Limited v HMRC [2017] TC5641 the First-Tier Tribunal (FTT) agreed with HMRC that mileage payments for commuting and health insurance payments were earnings and subject to Class 1 NIC despite later repayment by the Directors.
SME Tax News
Hello
We have some really outstanding new content for you this week. My highlights are as follows:
In Richard Thomas v HMRC [2016] UKFTT 0735 the First Tier Tribunal (FTT) allowed the taxpayer to make late Class 2 NIC payments and carry them back to earlier years.
In Parklane UK Investments Limited v HMRC [2016] UKFTT 0803 the First Tier Tribunal (FTT) found that HMRC were wrong not to suspend a VAT penalty simply because the company joined a VAT group and was no longer registered in its own name.
In Terence Patrick Brady v HMRC [2017] TC5622 a director was allowed a claim for overpaid VAT after a liquidator demanded repayment of a company's rent paid to a director.
In Macleod and Mitchell Contractors Limited and William Mitchell v HMRC [2017] TC 05633 the First Tier Tribunal (FTT) found that insurance premiums paid by a company where the contracts were in a director’s name were taxable as earnings. This decision was reversed by the Upper Tribunal in 2019.
HMRC have published a response to their consultation on ‘Tackling the hidden economy: Extension of data-gathering powers to Money Service Businesses’.
The December 2016 Agent Update gave details of HMRC’s Online Agent Forum: a pilot digital channel set up to enable discussion of tax issues in real time.