In Andrew White and Melanie White v HMRC [2019] TC07434, the First Tier Tribunal (FTT) struck out an appeal concerning the application of Extra Statutory Concession (ESC) D49 regarding Capital Gains Tax (CGT) Private Residence relief (PRR). It did not have jurisdiction to consider it.
SME Tax News
In Desmond Higgins v HMRC [2019] EWCA Civ 1860, the Court of Appeal (CoA) has decided that the date of acquisition of an off-plan property for the purpose of Capital Gains Tax (CGT) Private Residence Relief was the date of completion, and not at exchange of contracts.
The Financial Secretary to the Treasury, Jesse Norman, has written to Sir Amyas Morse asking him to send his report on the loan charge review to the new government after the general election.
In Claire Shenstone, Georgina White, Henry White v HMRC [2019] TC7378 the First Tier Tribunal allowed late penalty appeals; reliance on incorrect advice from HMRC was a reasonable excuse.
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This week, a case on trade tariffs; even more crazy than ‘VAT on milk shakes’ it transpires that the final tariff tie-breaker uses a process not unlike 'paper, scissors, stone'.
In Tysim Holdings v HMRC [2019] TC7389 the First Tier Tribunal (FTT) upheld late filing and payment penalties for ATED; ignorance of the law was no excuse for a non-resident taxpayer with a UK legal background.
In Holy Cow! Ice Cream Company Ltd v HMRC [2019] TC7400 the FTT denied a loss making business' appeal to backdate entry into the VAT Flat Rate Scheme (FRS). Although survivial of the business was an issue, VAT returns had already been filed and the directors were propping up the company personally.
Goods imported from outside the EU are subject to duty based on trade tariffs. In Bemis Limited v HMRC [2019] TC7332 the FTT considered whether a loo seat made mainly out of wood-flour should be classified as wood or plastic.
In Trustees of the Panayi A&M Trusts Nos 1-4 v HMRC [2019] TC7406 the First Tier Tribunal interpreted UK law to conform with EU law and allowed Capital Gains Tax exit charges on the migration of a trust to be paid over a five year period.
In Christa Ackroyd Media v HMRC UKUT0326 the Upper Tribunal dismissed a TV presenters appeal against IR35 applying to her personal service company; the BBC did exercise sufficient control over her work for an employment relationship to exist.