HMRC's latest Employment-Related Securities Bulletins contains some useful information. Here is our enhanced version.
SME Tax News
Hello,
Increasing the rate of Council Tax on second homes has found favour in Wales as a method of addressing a shortfall in local housing. Judging by reports on the news last night, this approach appears to be garnering support in other holiday locations around the country.
The European Court of Justice (ECJ) has ruled that the UK had been negligent in allowing criminal gangs to flood EU markets via UK ports with cheap Chinese-made clothes and shoes. The European Commission estimated that the UK owed the bloc €2.7bn in lost duties and VAT.
The Welsh Government has announced, from April 2023, new Business Rates qualifying conditions for holiday lets and an increase to the maximum amount of Council Tax which can be charged on second homes. This follows changes to Business Rates criteria for self-catering accommodation previously being announced in England and Scotland.
In David McClean and Others v Andrew Thornhill QC [2022] EWHC 457 (Ch), a leading QC did not owe a duty of care to participators who lost £40m in a failed film tax avoidance scheme upon which he had provided counsel's opinion. The investors had been advised that they must consult their own tax advisers
Companies claiming relief of £200,000 or less, through the extended three-year loss carry-back relief should use the online form in order to reduce the risk of a delay in any repayment due.
In Basic Broadcasting Limited v HMRC [2022] TC08400, the First Tier Tribunal (FTT) found that while two substantial broadcasting contracts for the BBC and ITV had the features of employment contracts, they made up part of a wider business of TV show host, Adrian Chiles. As a result, the IR35 intermediaries legislation did not apply and the taxpayer's appeal was allowed.
The Welsh Government has published 'Consultation on draft Non-Domestic Rating (Definition of Domestic Property) (Wales) Order 2022' which seeks views on alterations to the treatment of self-catering accommodation for Business Rates and Council Tax purposes.
The Office of Tax Simplification (OTS) has released an evaluation note, ‘Update on OTS work on the High-Income Child Benefit Charge and its wider implications’. It details HMRC’s progress with the recommendations made by the OTS in the October 2019 'Life Events' review and further recommendations to HMRC.
In Elvis Ricardo Anthony Mohammed v Revenue Scotland [2022] FTSTC4, the First Tier Tribunal for Scotland (FTT) dismissed the taxpayer's appeal against the refusal to refund Additional Dwelling Supplement (ADS) paid on the acquisition of a second property after the sale of a prior main residence.