In Lobler v HMRC [2015] UKUT 0152 a taxpayer ticked the wrong box when withdrawing funds from a life policy with the result was that he was imposed with a 700% tax liability, effectively paying tax on his own capital. The Upper Tribunal allowed his mistake to be rectified.
SME Tax News
CJS Eastern v HMRC [2015] UKFTT 579 concerned late filing penalties in the Contruction Industry Scheme. The FTT explored its powers to reduce both fixed and month 13 penalties.
A community amateur sports club (CASC) is not a person under tax law, so it cannot be charged a tax penalty under section 98A TMA 1970.
In Tim Healy v HMRC [2015] TC04425 an actor was unsuccessful in claiming tax relief for renting a flat when working away from home. His admission that he wanted a spare room to accommodate potential guests meant that the expense was not "wholly and exclusively incurred" for the purpose of his business.
In Brian Foulser and Mrs Doreen Foulser v HMRC [2015] TC 04413 both parties share valuation experts failed to reach any agreement as to the market value of an unlisted company.
HMRC says that it will not challenge a self assessment late filing penalty in cases where the taxpayer has a reasonable excuse for not filing their tax return on time and has made an appeal.
In Secretary for State v Knight UKEAT/0073/13/RN the sole director and shareholder of a company made a successful claim for redundancy pay when her company creased trading.
In the first two penalty appeals concerning the Annual Tax on Enveloped Dwellings (ATED) regime, the FTT finds that ignorance of the law is not a "reasonable excuse" for late filing.
Chancellor George Osborne has announced that he will be holding a second Budget of 2015 on 8 July. He says that this will be a budget for "working people".
In John Humphrey Roberton Carver v HMRC [2015] TC004362 a Lloyd’s Name was denied CGT Entrepreneurs’ Relief on a disposal of syndicate capacity after the FTT found that syndicate capacity was an asset of his trade and not a business in its own right.