8 minute read.
Loyalty bonus payments by a platform service provider to investors were liable to the deduction of basic rate income tax at source as being qualifying annual payments.
‘Loyalty bonus’ payments to investors were annual payments
Taxpayer was not a partner in a partnership
4 minute read.
The taxpayer was not liable to penalties for the late filing of partnership tax returns, as he was found on the facts not to have been a partner in a partnership.
Read more…Professional clearance and HMRC delays were reasonable excuses for late filing of tax return
5 minute read.
Delays in filing the appellant’s tax return caused by delays in his previous agent giving professional clearance to his new agent and the time taken by HMRC in providing information to the new agent constituted a reasonable excuse for penalty purposes.
Read more…Condition for change of accounting date was not met
4 minute read.
The taxpayer failed to meet all the criteria for a valid change of accounting date because the accounts of the business were for a 20-month period, and therefore the ‘18-month test’ condition was not satisfied.
Read more…Tax case: Concession extended deemed period of occupation
7 minute read.
The appellants were entitled to reduce the period of reckonable gain on disposal of their private residence by a 24-month period immediately preceding the appellants taking up residence in the property, based on the tribunal’s decision regarding extra statutory concession (ESC) D49.
Read more…Can you claim back notional input tax not actually charged?
3 minute read.
In September 2009, the appellant made a claim for input tax it claimed it had incurred on postage totalling £383,599, which HMRC rejected in 2010.
The appellant carried on a mail order business and used the services of Royal Mail to despatch its orders and also to distribute advertisements.
It was accepted that at the time the Royal Mail made those supplies to they were considered to be exempt from VAT.
Read more…Wife taxable on 50% of rental profits from jointly-owned property when all rents were paid to and retained by husband
8 minute read.
The appellant was taxable on 50% of rental profits from a property jointly owned with her husband, notwithstanding that all the net rents were paid to and retained by him.
Read more…No relief on property disposal as it was not the taxpayer’s residence
6 minute read.
The taxpayer was not entitled to private residence relief on the disposal of a property because she did not occupy it with the intention that it would be her permanent home.
Read more…Could digital versions of paper based newspapers benefit from zero-rating?
7 minute read.
Summary
The appellant was the representative member of a VAT group and appealed against decisions of HMRC that digital versions of The Times, The Sunday Times, The Sun, and The Sun on Sunday could not be zero-rated under Item 2 Group 3 of Schedule 8 Value Added Tax Act 1994 and were, therefore, standard rated for VAT purposes.
Secondly, even if the digital editions of the above titles are not ‘newspapers’, the appellant contended that the principle of fiscal neutrality nevertheless requires zero-rating on the basis that, viewed from the perspective of the customer, they satisfy the same customer needs as conventional printed editions. HMRC argued the digital editions were not similar to the newsprint editions and, in any event, the principle of fiscal neutrality could not be used to expand the borders of zero rating from their 1991 limits.
