Sufficient ties test

ACCA UK have produces a series of articles on residence and domicile, following the introduction of the statutory residence test from 6 April 2013.

Repairs and renewals

HMRC have issued Revenue and Customs Brief 05/13 Direct tax: Guidance on repairs and renewals of assets, its draft guidance on what is a repair for direct tax purposes.

Pension and employer benefit consultants

HMRC issue briefing relating to pension and employee benefit consultants.

Four automatic overseas residence tests

ACCA UK have produces a series of articles on residence and domicile, following the introduction of the statutory residence test from 6 April 2013.

Temporary periods of non-residence

ACCA UK have produces a series of articles on residence and domicile, following the introduction of the statutory residence test from 6 April 2013.

Residence and Domicile

Visit our dedicated section on Residence and Domicile following the introduction of the statutory residence test with effect from 6 April 2013.

Research & Development Tax Relief

An overview of the tax reliefs available on expenditure on research and development

Back to basics: loan interest relief

A look at the rules relating to tax relief on loan interest.

Above-the-line credit

Budget 2013 announced the introduction of an above-the-line credit for research and development (R&D) expenditure incurred by large companies on or after 1 April 2013.

VAT consultations: a roundup

Details of VAT updates.

VAT: European changes

A summary of the latest changes to VAT across Europe.

General anti-abuse rule

After much speculation a general anti-avoidance rule – the General Anti-Abuse Rule (GAAR) – has emerged within the Finance Bill 2013

Changes to class 2 and class 4 NICs

Sleeping and inactive partners will be affected by changes introduced by HMRC this month.

The 40th anniversary of VAT in the UK

Chas Roy-Chowdhury, May 2013. This paper provides a high-level review of the first 40 years of VAT in the UK, its context in the European Union and its future prospects. We see in the paper the general trend towards governments using VAT to a much greater extent as a significant revenue raiser and the increasing pressures to broaden the VAT base by reducing exemptions and zero rates.

Finance Bill 2013

A look at some of the highlights of the 2013 Finance Bill

Disadvantaged Area Relief (DAR)

Information on claims following abolition of Disadvantaged Area Relief (DAR)

Plant & Machinery: Comment on Fixtures

HMRC guidance on Plant and Machinery Allowances for secondhand fixtures

Taxable commission

HMRC have issued Revenue and Customs Brief 04/13 Payments of trail commission.

HMRC Agent Account Manager service

HMRC has set up a team of Agent Account Managers (AAMs) to assist agents and advisers to deal with HMRC more easily and effectively

HMRC Isle of Man disclosure facility

Details of the recently agreed Isle of Man disclosure facility

Bad debts

HMRC have revised VAT Notice 700/18: Relief from VAT on bad debts.

Alternative dispute resolution (ADR) becomes permanent

ACCA| HMRC Alternative dispute resolution services becomes permanent from 2013/14.

Charities online

From 22 April 2013, charities and Community Amateur Sports Clubs (CASCs) will be required to use HMRC’s charities online service to obtain repayment of gift aid.

Budget 2013

ACCA have produced a Guide to the 2013 Budget.

Capital gains tax and property: common pitfalls

To coincide with the launch of HMRC's property sales campaign, we take a look at capital gains tax and property.

Collecting small debts through PAYE

From April 2012 HMRC will be able to collect debts up to the value of £2999.99 by amending the tax code of individuals in PAYE employment or receiving a UK-based pension.

Changes to the taxation of UK property

A round-up of recent changes to the taxation of UK property.

High-income child benefit charge - opting out

Elections not to receive child benefit for higher rate taxpayers will need to be considered soon for 2013/14

Property sales campaign

HMRC campaign looking into the sale of property

Child benefit tax charge

The child benefit charge on ‘high income’ families comes into effect for 2012/13, but only applies from 7 January, 2013.

Business record checks

HMRC business record checks are revived from 1 November 2012.

HMRC v Pawson

HMRC v Pawson: no business relief on furnished holiday letting

Gaming duty

HMRC has updated and issued Notice 452 Machine Games Duty

Import VAT relief

HM Revenue & Customs have recently updated their VAT Notice on Import VAT relief for goods supplied onward to another EC county, VAT Notice 702/7

VAT Notice 701/21 on gold

HMRC has updated its VAT Notice 701/21 on gold

Finance notice 701/49

HM Revenue & Customs has recently updated its VAT Notice on Finance, Notice 701/49

Retail

HM Revenue & Customs have recently updated their VAT Notice on Retail Schemes, VAT Notice 727/5.

Tax treaties

Details of new tax treaties.

IHT - Situs of debts

HMRC has updated its Inheritance Tax Manual regarding situs of debts.

Pension schemes

HMRC has issued Notice 700/17: funded Pension schemes. It provides guidance for employers and trustees on claiming input tax on funded pension scheme expenditure.

Universal credits

Universal credit is likely to have a significant impact on small businesses.

Transfer of a business as a going concern (TOGC)

VAT Notice 700/9 Transfer of a business as a going concern is effective now and replaces the April 2008 edition of the notice.

Capital allowances - fixed structures

HMRC have issued Revenue & Customs Brief 32/12: Plant and Machinery Allowances: polytunnels.

High income child benefit charge

What the changes to child benefit will mean for your clients

Special relief (formerly equitable liability)

Understand the concept of ‘special relief’, formerly known as ‘equitable liability’.

VAT and the transfer of a Going Concern

HMRC issues Brief 30/12 following Tribunal decision.

Advice for Santander customers paying tax via its Bill Pay service

HMRC has informed us that Santander is having temporary problems with its Bill Pay service.

Vouchers

This short article looks at the circumstances in which vouchers are classed as a taxable benefit.

Van benefits

Where an employee is provided with a van and this is available for private use, there is a fixed benefit of £3,000...

Travelling and subsistence

HMRC Booklet 490 is an excellent guide, explaining the extended reliefs relating to travelling and associated expenses.

PAYE penalties podcast

Welcome to ACCA's PAYE penalties podcast

Transport for disabled employees

Information relating to transport for disabled employees (ITEPA 2003, sections 246-7).

Boxing clever - Patent Box

The Patent Box regime came into effect on 1 April 2013

Child benefit tax change

The child benefit charge on ‘high-income’ families comes into effect for 2012/13, but only applies from 7 January 2013

Professional subscriptions

Allowable fees and subscriptions paid to professional bodies or learned societies under Section 344 ITEPA 2003

Shares of negligible value

HMRC provides a list of shares or securities formerly quoted on the London Stock Exchange, which have been officially declared of negligible value for the purposes of a claim under S24(2) Taxation of Chargeable Gains Act 1992 by the Shares and Assets Valuation Office.

Patent Box

The Patent Box regime comes into effect from 1 April 2013.

Compliance check factsheets

HMRC have published a suite of compliance check factsheets.

MacDonald Resorts Ltd v HMRC

This case concerns the place supply of a timeshare operated by Macdonald Resorts in Spain. HM Revenue & Customs won at Tribunal contesting that the place of supply was the UK and therefore at the standard rate of VAT.

McGowan v Brown & cousins

Tests whether a payment constitutes a trading receipt.

Horton v Young

Travelling costs and the wholly and exclusively rule.

Furniss v Dawson

Artificial series of steps inserted purely for the avoidance of tax; consolidated the Ramsay principle established in the case of W.T. Ramsay v CIR

Harrold v Inland Revenue Commissioners

Executor’s of the estate claimed APR on the property but the IR sought to include the value of the property in the estate for IHT purposes.

Ready Mixed Concrete (South East) Ltd v Minister of Pensions and National Insurance

Whether an owner-driver who provided his services to one company for its deliveries was employed or self-employed.

W.T. Ramsay V Cir

Artificial series of steps inserted purely for the avoidance of tax. This is a key case and, together with the case of Furniss v Dawson is a mainstay of HMRC in tackling artificial tax avoidance schemes on the basis of substance over form.

Rowland v HMRC

Whether reliance on a third party (an accountant) can be regarded as reasonable excuse for penalty/surcharge purposes.

Purves v Harrison

Retirement relief; whether a disposal constituted the sale of whole or part of a business.

Smiths Potato Estates Ltd v Bolland

The wholly and exclusively rule.

Samuel Jones & Co (Devondale) Ltd v CIR

This case tests whether an expense is revenue or capital.

Southampton Leisure Holdings Plc v C & E Commissioners

This decision tests partial exemption attribution.

Gilbert (T/A United Foods) v HMRC

Entrepreneurs' Relief; whether there was a sale of "part of a business".

HMRC v Khawaja

Level and quality of proof required by HMRC when levying penalties

United Biscuits (UK) Ltd

This case tests the definitions and exceptions of food.

HMRC v Weald Leasing Ltd

This European Court of Justice (ECJ) decision tests the whether a structure was an abusive practice.

Robertson v CIR, Sp C [2002] SSCD 182

IHT Valuation for a property too low; return subsequently corrected and additional IHT paid; HMRC issued penalties.

Scottish and Newcastle case

This case tests whether an expense can be classed as plant.

Allum & Allum v Marsh

Company purchase of own shares on retirement of directors; whether made for benefit of trade

Temperley v Visibell Ltd

Rollover relief; land acquired; proposed building of factory abandoned; roll-over relief claimed.

Walton v R & C Commrs

Amendments to Self Assessment return by HMRC; whether taxpayer had discharged burden of proving incorrect assessments.

Holden v Wood & Wood

Company incorporated overseas; whether resident in UK by virtue of control.

Salt v Chamberlain

The case tests whether an activity constitutes a trade.

HMRC v Landsdowne Partners Ltd.

Whether a discovery assessment was valid after HMRC discovered that they had incorrectly deducted certain expenses.

Hampton v Fortes Autogrill Ltd

This case tests whether an expense can be classed as plant.

Herbert Smith v Honour

Provision for future rents on vacated premises; whether tax deductible.

Tucker v Granada Motorway Ltd.

This case tests the difference between capital and trading treatment

Barclays Bank Trust Co Ltd v CIR

Business property relief; large cash balance held by company and restriction of relief.

Gordon & Blair v CIR

Change in activity; whether constituted a new trade for the purposes of carrying forward trading losses.

Sargent v Barnes

Travelling costs and the wholly and exclusively rule

R (on the application of Prudential plc) v Special Commissioner (and related applications)

Tax investigations, whether legal and professional privilege could be claimed in respect of certain documentation requested by HMRC during the course of an inquiry.

Benson v Yard Arm Club Ltd

This case tests whether an expense can be classed as plant.

HM Revenue & Customs v The Principal & Fellows of Newnham College in the University of Cambridge

This case tests the meaning occupation in regard to land.

TP Madgett (TP) & RM Baldwin (t/a Howden Court Hotel) v C & E Commissioners

This case tested whether a trade was within the Tour Operators Margin Scheme (TOMS).

Fleming (t/a Bodycraft), Condé Nast Publications Ltd v HMRC

This case looks at the issues of the three year time limit and input tax.

Veltema v Langham

Discovery assessment; whether HMRC permitted to issue one; tax return submitted with valuation subsequently found to be incorrect

Varty v Lines

Principle private residence relief; sale of part of land within curtilege of property following earlier sale of dwelling house and land.

Schofield v R & H Hall Ltd

This case tests whether an expense can be classed as plant.

Garnett v Jones (re Arctic Systems Ltd)

Whether issue of share to wife was a settlement and, consequently, the dividends taxable on the husband.

Batey v Whitfield

Principle private residence relief; sale of an ancillary property, separate from the main dwelling house.

Simpson v John Reynolds & Co (Insurances) Ltd

Tests whether a payment constitutes a trading receipt.

GD Cairns (VDE Webb's Personal Representative) v HMRC

Inadequate valuation of property on IHT return; HMRC issued a penalty summons for negligence; validity of summons.