Blog Archives

Collyer Bristow Annotations on the discovery assessments policy paper

Policy paper Discovery assessments Published 27 October 2021 Who is likely to be affected Individuals who incur certain tax charges (the High Income Child Benefit Charge (HICBC), those relating to Gift Aid Donations and a number of different pension charges) …

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High income child benefit charge: An update

Many of you have been in touch following our Upper Tribunal success in HMRC v Wilkes regarding HICBC disputes- we thank you for your interest in this case and its consequences for affected tax payers. You can read the original …

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HICBC ruling in the Upper Tribunal: an update

We are delighted to announce our Upper Tribunal success in HMRC v Wilkes regarding HICBC disputes. More details can be found via our press release. HMRC has until the end of July to decide whether or not to seek a …

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HUNDREDS OF THOUSANDS OF TAXPAYERS TO BENEFIT AS HMRC LOSES LANDMARK CASE CHALLENGING HIGH INCOME CHILD BENEFIT CHARGE

Summary: HMRC has lost its Upper Tribunal appeal – on every point – in Jason Wilkes’s leading case on the controversial High Income Child Benefit Charge (the HICBC) The outcome should benefit hundreds of thousands of taxpayers whose assessments to …

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Collyer Bristow instructed in HMRC -v- Wilkes : High Income Child Benefit Charge

On Wednesday 26 May 2021, the Upper Tribunal (The Hon. Mrs Justice Falk DBE and Judge Timothy Herrington) will hear HMRC’s appeal in the leading “High Income Child Benefit Charge” (the HICBC) case. The taxpayer assessed to the HICBC is …

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‘Tax Day’ – government continues its campaign to tackle non-compliance

Promoters of tax avoidance schemes HM Treasury’s reminder that the so-called “tax gap” is at a record low of 4.7% (of which tax avoidance only counts for £1.7bn – approximately 5.5% of the total) is timely and welcome.  HMRC has …

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Corporate residence of subsidiaries: Court of Appeal decision provides more questions than answers

Though the CA judges unanimously agreed that the UT’s reasons for overturning the FTT decision were flawed, the judges disagreed on whether the FTT decision might have been wrong for other reasons – an issue that was strictly out of …

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Litigation privilege does not apply to tax advice from accountancy firms, rules High Court

When provided by an accountancy firm, advice on how to structure your affairs for tax purposes is not protected by legal advice privilege, and it may therefore need to be disclosed in a subsequent HMRC investigation or in litigation. This …

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Second home owners beware!

HMRC has recently stepped up its investigatory activity in two areas that might be relevant to second home owners:HMRC is intending to send thousands of “nudge” letters to individuals who it suspects may have sold taxable residential property in the tax year 2018/19 and not declared this on their tax return. It is likely that HMRC will identify these suspected sales by using data obtained from the UK Land Registry. The letters will ask individuals to consider whether they should have paid capital gains tax (CGT) on the sale. If CGT should have been paid, the letters will ask individuals to either amend their tax return, or use HMRC’s Digital Disclosure Service, to pay any CGT owed.Airbnb UK has agreed to share data with HMRC on the rental income of Airbnb hosts in the UK in the tax years 2017/18 and 2018/19. If an Airbnb host has received over £1,000 in a year by letting out their second home, this rental income must be declared to HMRC. The Airbnb data will enable HMRC to identify hosts who have not complied with this requirement. Such hosts can expect HMRC to get in touch with them in the near future, but may want to pre-empt this by declaring the income now, in order to reduce potential non-compliance penalties.If either of these matters is of concern to you, please feel free to get in touch.

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HMRC starts to investigate furlough abuse, & property businesses are a target

HMRC has started investigating employers it suspects of abusing the furlough scheme and property and construction businesses are firmly in its sights. Investigations are focused on businesses that deliberately or inadvertently allowed staff to work whilst on furlough and are …

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