A Private Members Bill, the Local Electricity (No. 2) Bill, aims to pave the way for small generators of low-carbon energy to sell their energy locally and to sell power back to the grid. To most people this idea seems like a 'no brainer' however there are considerable hurdles in its path.
SME Tax News
In HMRC v Bluecrest Capital Management (UK) LLP [2023] UKUT 110, the Upper Tribunal found that one of the three conditions that categorise LLP members as deemed employees, the lack of significant influence over the affairs of the LLP, was not met by the traders and portfolio managers, meaning they were not subject to PAYE and NICs.
In James Scott v HMRC [2023] TC08784, the First Tier Tribunal (FTT) confirmed the extended time limits for Discovery Assessment applying to the Requirement to Correct (RTC) rules.
The Administrative Burdens Advisory Board has released 'Tell ABAB report 2022 to 2023', which shows that businesses are finding compliance with Off-Payroll Working rules and Making Tax Digital is an increasing burden and they have seen no benefits from digitalisation.
HMRC have published a new consultation 'Draft regulations: proposed amendments in respect of salary advances'. It is seeking views on the changes to secondary legislation to allow employers to delay the reporting of such advances to employees.
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The holidays are over and it's 'all systems go' at HMRC. The long-awaited Overlap Relief form is now working; if you scroll down to VAT news you will note that we have changes to VAT Agent authorisation.
In P Gopaul v HMRC [2023] TC8917, the First Tier Tribunal (FTT) found that a company's suppression of turnover meant that the sole shareholder/director was personally liable for penalties. However, having taken the missing funds from the company was not enough to prove a s.455 charge had been deliberately unaccounted for.
In Espalier Ventures Property Ltd v HMRC [2023] TC8914, a claim that the purchase of three garages and a right of access to communal gardens were separate non-residential property for SDLT failed to impress the First Tier Tribunal (FTT). It was found that the interests were residential and the higher rate of SDLT applied.
In Landmaster Investment Limited & Anor v HMRC [2023] TC08919, the First Tier Tribunal (FTT) found that reservation agreements, relating to the purchase of new build apartments, were not options or rights of pre-emption. The residential rates of Stamp Duty Land Tax (SDLT) applied.
The Public Accounts Committee has published 'Tackling fraud and corruption against government', which finds that large gaps still remain in the government’s understanding of its exposure to fraud and corruption to the extent that it is unable to effectively measure or combat it.