February's Hot Cases returns with our pick of useful cases for accountants and advisors including a £6m unfair dismissal payment found taxable, a military defence fails HCBIC attack and 'clever' schemes to avoid tax on properties fail and fail again.
SME Tax News
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They say that a week is a long time in politics; the same is sometimes true in tax! HMRC’s plan to change the classification of double cab pick-ups for employment benefit and Capital Allowance purposes back-fired over the weekend, due to pressure from industry lobby groups. This led to a reversal in policy (a U-turn!). The result is that double cab pick-ups remain vans and are not cars.
In 2015, a senior Deutsche Bank employee sacked in the fallout of the 2012 Libor rigging scandal, received £6m in compensation for unfair dismissal. The Upper Tribunal (UT) confirmed that the amount was taxable under PAYE and rejected the taxpayer's claim that the payment was received as a result of discrimination and was outside employment income.
Annual Investment Allowance (AIA) claims within groups and between companies under common control can be complicated. HMRC are writing to corporate groups and related companies that may have exceeded the AIA limit.
HMRC have updated their list of free and paid-for recognised payroll software used to report PAYE online. HMRC emphasise that they do not recommend one product or service over another and they are not responsible for any problems you have with the software you’ve bought.
The government has provided an update on the proposed registration scheme for short-term lets in England, and announced measures which will require planning permission for future short-term lets.
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Companies House has given notices of a rise in its fees and the costs of Registration of an Overseas Entity have increased by 134%. Who realised that there is a cost to remove an Entity from the ROE?
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Double cab pick-up: a car or van? The answer might lie in the number of passenger doors, but even the physicist Erwin Schrödinger might have been bemused to find that HMRC has announced that soon it will no longer interpret the meaning of 'car' for Benefit In Kind (BIK) and capital allowance purposes in line with the VAT definition. It will, during a transitional period, accept that cars may be vans, meaning that advantage can be taken of the current rules for a time.