SME Tax News

In Gerard Arthur Eccles v HMRC [2019] TC6978,  the first tier tribunal held that tax relief for a payment under a personal guarantee may only be made in the tax year in which it was paid.

In Christianuyi Limited & Others v HMRC [2019] WECA Civ 474  the Court of Appeal confirmed that the UT and FTT were correct in finding that a business (Costello Building Services Limited - 'Costello') which was set up to facilitate workers to provide their services via managed personal service companies was a Managed Service Company (MSC) provider.

In Big Bad Wolff Limited v HMRC [2019] UKUT121, the Upper Tribunal (UT) upheld the decision of the FTT finding that the special rules for actors prior to 6 April 2014 did not circumvent the deeming provisions of IR35.

Non-UK-resident companies: from April 2019 Capital Gains Tax (CGT) moves to Corporation Tax (CT). One year later in 2020, the same companies cease also to be in self assessment in respect of their property income. Companies will need to register with HMRC for CT.

In William Richie & Hazel Richie v HMRC [2019] UKUT 0071 the Upper Tribunal found that HMRC was not entitled to make a discovery assessment outside of normal time limits as it had not actually established carelessness.

In Ian Coll v HMRC [2019] TC 6971 the first tier tribunal (FTT) held that a taxpayer had a reasonable excuse for late filing because of failures by previously reliable accountants.

In Adrian Omar v HMRC [2018] TC6962, the first tier tribunal (FTT) held that a taxpayer had not been careless in claiming excessive tax relief for pension contributions.

In William Ritchie & Hazel Ritchie v HMRC [2019] UKUT 0071 the Upper Tribunal found that HMRC was not entitled to make a discovery assessment outside of normal time limits as it had not actually established carelessness.