SME Tax News

A group of just over 100 MPs have signed an early day motion calling on the government to significantly revise the legislation for the Disguised remuneration (EBT) loan charge, it has been the subject of both a recent debate in parliament and a House of Lords review of HMRC powers.

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In a month's time Christmas will just be another inch on the waistline and we might know a little more about what on earth is happening to Brexit. We bring a lighter web-update this week to celebrate all that.

In Thornton Health LLP v HMRC [2018] TC06831 a company pursuaded the tribunal that it was not liable to register as a contractor under the Construction Industry Scheme: it was a property investor and although it redeveloped one floor of a building that was not enough to say that it had not changed its business to include construction operations. HMRC also calculated penalties incorrectly.

In Hezi Yechiel v HMRC [2018] TC06829 a property owner failed to prove sufficient quality of his occupation of his property in order to claim capital gains tax (CGT) Private Residence Relief (PRR). He did not cook there, his use of utilities was minimal, he did not bring his son there and had little furniture.

In Carol Holmes & Andrew Knight  v HMRC [2018] TC6824 the FTT allowed HMRC to access taxpayers' private bank statements. There was evidence that declared business income did not support private cash outgoings.

In Clive Beagles v HMRC [2018] UKUT 380 the Upper Tier tribunal confirmed that a discovery assessment may become 'stale' in circumstances when HMRC is aware of a potential insufficiency of tax yet delays in raising an appropriate assessment.