This case concerend an actor working away from home and whether his accommodation, subsistence and travel expenses were “wholly and exclusively” incurred for the purpose of his profession. Healy who is based in Cheshire was contracted to appear in the West End of London in the musical, Billy Elliot. Healy claimed tax relief on the costs of his accommodation, subsistence and travel to and from the theatre. The First-tier Tribunal held that the cost ...
|
The First-tier tax Tribunal has held that when determining whether a farmhouse qualifies for agricultural property relief (APR) from inheritance tax, the farmhouse and the land to which it is of a “character appropriate” must be in the same occupation, but need not be in the same ownership. A reminder of where “character appropriate” comes from: Agricultural property” is defined for APR purposes in section 115(2) of IHTA 1984 as meaning: Agric ...
|
The First Tier Tax Tribunal has ruled that a property used as a holiday cottage qualifies for inheritance tax business property relief (BPR). This case has generated a lot of interest as HMRC has delayed a number of similar cases pending the outcome of this one. It will be interesting to see if HMRC decide to appeal this decision. For those interested in how the legal teams interacted prior to the hearing I refer you to paragraphs 3 to 9 of the decision. Fascin ...
|
A reminder that judicial review can sometimes involve significant sums of money. This turned on the 1999 booklet IR20 "Residents and Non-Residents - Liability to tax in the United Kingdom". This offered general guidance on what amounted to "residence" and "ordinary residence" for the purposes of UK income and capital gains tax. The question was whether this guidance was less strict than the true interpretation of the law, such that the Revenue should be prevented from collecting tax save on the ...
|
Appeal by Dundee City Council against a decision of Dundee Valuation Committee. The question in dispute was whether Mr Hanson, the landlord of a number of (apparently unoccupied) flats in Dundee was liable for council tax on those flats. The council had determined that Mr Hanson was liable for council tax. However, the Valuation Committee allowed an appeal by Mr Hanson on the basis that, as a valid lease existed over each of the flats, the tenants and not Mr Hansen were liable for the counc ...
|
The Upper Tax Tribunal has allowed HM Revenue & Customs’ appeal in the case HMRC v Executors of Atkinson. The decision allows HMRC to refuse agricultural property relief on a farmhouse because the farmer had gone into in a care home just before his death. The executors were unrepresented at the appeal because they could not afford to pay HMRC’s costs if they lost. The farm was owned by the deceased and let to a farming partnership. The deceased was a partner in th ...
|
The First Tier Tax Tribunal ("FTT") allowed the taxpayer's appeal against the Revenue's decision to cancel his registration for gross payment under the Construction Industry Scheme ("CIS"). The Tribunal found the Revenue had wholly failed to exercise their statutory discretion under s.66 Finance Act 2004, the decision-making was hence flawed and the decision void. Case of wider significance as the Revenue wrongly claimed that there "were no Hansard entries" helping to explain the key clause. In ...
|
In Shiner an application for judicial review over a marketed tax scheme was dismissed. The Isle of Man scheme involved trying to use the 1995 double tax agreement between the UK and IoM to claim UK relief on payments from a partnership of IoM trusts. The Court rejected the claimants contention that the retrospective s.58 Finance Act 2008, treating the UK residents as chargeable, was incompatible with art.56 EU Treaty and protocol 1 ECHR. It held that the transfer of money into the IOM was not a ...
|
The First-Tier Tax Tribunal recently ruled that a farmhouse is entitled to full agricultural property relief (APR) from inheritance tax even though the aged occupant only sold a few eggs to a handful of customers. HMRC accepted the claim for APR on the land and other buildings but they did not accept that the 3 bedroom farmhouse, which was in a poor state of repair, was eligible for the relief. The deceased had farmed a 16-acre smallholding in Staffordshire since 1965. ...
|
This is an appeal by Gateshead College against the decision of the First-tier Tribunal. The Upper Tribunal concluded that Capital Goods Scheme (CGS) adjustments were required when rental payments and VAT accounting stopped less than two years into a lease and leaseback arrangement. CGS is a mechanism for regulating deductibility over the “VAT-life” of a capital good. For VATpurposes a capital good is a developed property. The scheme operates by ensuring that th ...
|
| 1 2 3 4 5 6 7 8 |