In Mark Turner v HMRC [2020] TC7982, a taxi driver's failure to declare income resulted in three years of tax 'Discovery' Assessments. The First Tier Tribunal was sympathetic in respect of his expenses as had sought assistance from HMRC's Need Extra Support (NES) team.
SME Tax News
The government has published the ‘Freeport Bidding Prospectus’. It sets out the government’s ambition for Freeports, its objectives and what is expected of bidders. Bidders wanting to apply for Freeport status in England should complete submissions by noon 5 February 2021.
In Moaref & Mozhdeh v HMRC [2020] TC7873, the First Tier Tribunal (FTT) dismissed a claim for the Replacement Dwelling Exemption which would have granted a refund of the higher rate of Stamp Duty Land Tax (SDLT) on the purchase of a property replacing their old main residence.
Following a 2019 public consultation in which 80% of respondents supported an increase in the single-use plastic carrier bag charge, the Scottish Parliament will be asked to increase the charge to 10p from the current level of 5p from 1 April 2021.
In HMRC v Epaminodas Embiricos [2020] UKUT 0370, the Upper Tribunal (UT) confirmed that HMRC cannot issue a partial closure notice which does not quantify the amount of tax due.
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As we head towards 31st January, don’t forget to put in a Time to Pay agreement with HMRC if you are unable to settle your tax bill. We have updated our guides to ‘Reasonable excuse’ and ‘Insufficiency of funds’ this week. It is probably best to review these before the end of the month if it is likely that you or your clients are going to have any potential filing or late payment tax failure.
In Hadee Engineering Co Ltd v HMRC [2020] TC07969, the First Tier Tribunal (FTT) upheld the appeal in part for closure notices regarding R&D claim enquiries. In the main, the appellant failed to meet the qualifying criteria.
In Peter Kennedy v HMRC [2021] TC7987, the First Tier Tribunal (FTT) dismissed a claim for Entrepreneurs’ Relief by a shareholder who was not an employee or officer of the company for the year prior to the share disposals.
In Tim Norton Motor Services v HMRC [2020] TC7973, the fact that a Maserati and Ford GT40 had a Statutory Off-Road Notice (SORN) and management permission was required for any private use, were not sufficient as restrictions to prevent private use and a taxable car benefit applied.
HM Treasury has published ‘Small Brewers Relief (SBR): technical consultation’. The consultation calls for further industry input on technical issues surrounding the first and second-stage reviews.