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 ...
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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 ...
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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 ...
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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 ...
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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. ...
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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 ...
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This appeal raises two issues of tax law. The first (“the procedural issue”), of general importance to the self-assessment regime, concerns the scope of arguments which may be advanced by HMRC in a taxpayer’s appeal against a closure notice which the HMRC issues to conclude its enquiry into a tax return. The second issue (“the expenditure issue”) concerns the proper approach to determining whether expenditure has been “incurred” for the purposes of the Capital Allowances Act 2001. The case conce ...
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This appeal concerns complex statutory provisions relating to corporation tax on financial transactions known as repos. These provisions have now been replaced. The general interest of the appeal lies in the approach to be taken to ‘deeming’ provisions in statutes, namely those which create statutory hypotheses.A repo is a financial transaction under which shares or securities are sold at one price and are later repurchased by the seller at a different price, fixed in advance. Although in legal ...
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M&S had two basic claims against the Customs and Excise Commissioners concerning the correct tax treatment for (1) their chocolate-covered teacakes and (2) their gift vouchers sold at a discount to their face value. M&S challenged retrospective legislation in relation to the Value Added Tax Act 1994 as infringing EU law and discussions took place in relation to the reliance upon general principles of Community law in the absence of a directly enforceable right. Discussions were al ...
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Maco claimed a writing-down allowance under s.3 of the Capital Allowances Act 1990 Act for its accounting period ending on 31 Dec 1999 and 31 Dec 2000. However, the Revenue amended Maco’s self-assessment so as to disallow the claims. This appeal raises a very short point of construction of s.18(2) of the Capital Allowances Act 1990. The issue is whether the warehouse in which the respondent, Maco, stores the stock that it purchases from its Austrian parent, Mayer, is an “ ...
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