In Jonathan Oppenheimer v HMRC [2022] TC08443, the First Tier Tribunal (FTT) ruled that a non-UK domiciled individual was 'treaty resident' in South Africa despite long term residence and business interests in UK. As a result £20m of funds transferred to the UK were not 'remittances' and as such not subject to UK tax.
SME Tax News
In McCann Media Limited v HMRC [2022] TC08435, the First Tier Tribunal (FTT) found a fixed annual payment regardless of the number of appearances to be persuasive when determining that ex-Scottish footballer Neil McCann had fallen foul of IR35 and deemed the relationship between himself and Sky to have been one of employment.
In Ian Moan v HMRC [2022] TC08449/V, the First Tier Tribunal (FTT) considered the deadline for opting out of auto-enrolment when an employer had provided incorrect information to the employee, who had consequently lost pensions fixed protection.
HMRC have named two tax avoidance scheme promoters under new powers granted to them by Finance Act 2022.
Happy New Tax Year
We start the year with a packed update containing some really useful new guides and updates to assist you in the preparation of tax returns, payroll and to fullfilling essential Continuing Professional Development (CPD) requirements. We ask whether HMRC is calling time on payroll umbrella providers, and what it means to be non-domiciled for tax purposes?
Properties subject to the Annual Tax on Enveloped Dwellings (ATED) charge must be revalued every five years. The next revaluation date is 1 April 2022.
In Jack George Yerou and Panayiota Yerou v HMRC [2022] TC08410/V, the First Tier Tribunal (FTT) allowed an appeal against Schedule 36 information notices. The information requested was not reasonably required as it was unlikely to bring an end to the underlying tax dispute.
In The Wakelyn Trust v HMRC [2022] TC8375, the First Tier Tribunal (FTT) denied a deduction for enhancement expenditure for the value of releasing a lessee from a lease. No expenditure had been incurred.
Missed our SME Tax Web-updates in March? Here is a summary of the month.
In Peter Lowe & Civic Environmental Systems Ltd v HMRC [2022] UKUT 00084, the Upper Tribunal (UT) dismissed the appellant's claim to deduct enhancement expenditure incurred by his company when calculating the gain on a property disposal. There was no evidence the payments were made on his behalf.