The Revenue appealed findings as to the calculation of profits for corporation tax. The companies had sought to deduct sums from profits for depreciation of unsold stock in accordance with current accounting standards. Held: ‘the profit and loss account is concerned with revenue and expenses. A fall in the value of stock to below cost, … Continue reading Revenue and Customs v William Grant and Sons Distillers Ltd: HL 28 Mar 2007
A letter was written by the Mongolian Ministry of Finance guaranteeing payment for textile plant and machinery to be supplied to a Mongolian company. A letter from the justice minister confirmed the authority of the finance minister to sign the letter. The quality of the machinery came to be disputed, and the deal was refinanced. … Continue reading Marubeni Hong Kong and South China Ltd v Ministry of Finance of Mongolia: CA 13 Apr 2005
The claimant asserted involvement by the defendant bank in a fraud perpetrated against him. Jurisdiction had already been admitted for one trust , and now the claimant sought to add two further claims. Held: ‘None of the gateways to English jurisdiction in CPR PD 6B paragraph 3.1 expressly permit a putative claimant to pursue a … Continue reading Williams v Central Bank of Nigeria: QBD 24 Jan 2012
Penalty for inaccurate VAT return – deliberate inaccuracy in the return – inaccuracy attributable to an officer of the company – Schedule 24 Finance Act 2007 – quantum of penalty confirmed – appeal dismissed. [2012] UKFTT 76 (TC) Bailii England and Wales VAT Updated: 12 January 2022; Ref: scu.450775
The court was asked whether when contracts have been induced by bribery and have been rescinded on discovery of the bribery, that constitutes a dispute which can be determined by arbitration in the context of a common form of arbitration clause. Held: a dispute whether the contract can be set aside or rescinded for alleged … Continue reading Fiona Trust and Holding Corporation and others v Privalov and others: CA 24 Jan 2007
The claimant had been dismissed from his post as chair of archeology after criticism of his marking practices. Though a report vindicated him, the respondent continued with disciplinary procedures. He claimed unfair dismissal. The EAT had allowed the university’s appeal saying that the found repudiatory breach had been remedied before the resignation. The University now … Continue reading Buckland v Bournemouth University Higher Education Corporation: CA 24 Feb 2010
The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the breach of the overdraft limits. Held: The relevant terms were not exempt from assessment … Continue reading Office of Fair Trading v Abbey National Plc and seven Others: ComC 24 Apr 2008
The court was asked, whether asked to grant possession against a disabled tenant where the grounds for possession were mandatory. The defendant was a secure tenant with a history of psychiatric disability. He had set out to buy his flat, but the council sought possession when it discovered that he had sublet. Held: Section 23(3)(c) … Continue reading London Borough of Lewisham v Malcolm and Disability Rights Commission: CA 25 Jul 2007
The landlords claimed that the tenants remained bound under the lease to occupy and use the premises and pay rent. The tenant said that it had exercised a break option. The landlord said that the break was not exercisable because it had otherwise been in breach of the lease, though that breach had been remedied. … Continue reading Trygort (Number 2) Ltd v UK Home Finance Ltd and Another: SCS 29 Oct 2008
Value Added Tax – Penalty for Inaccuracy VALUE ADDED TAX – Schedule 24 Finance Act 2007 – penalty for inaccuracy in VAT returns – personal liability notice on director – was there an inaccuracy in the VAT returns? – company buying and selling of alcohol held in warehouses in France and Germany – was place … Continue reading Zaman v Revenue and Customs: FTTTx 24 Jun 2021
The land owners sought relief from possession orders made under mortgages given in equity release schemes: ‘If the purchaser raises all or part of the purchase price on mortgage, and then defaults, the issue arises whether the mortgagee’s right to possession has priority over, or is subject to, any entitlement of the vendor to continue … Continue reading Cook v The Mortgage Business Plc: CA 24 Jan 2012
Account taken of circumstances wihout ambiguity The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside. Held: Investors having once assigned their causes of action to the ICS, could not later … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997
The parties had cohabited for a long time, in a home bought by Ms Dowden. After the breakdown of the relationship, Mr Stack claimed an equal interest in the second family home, which they had bought in joint names. The House was asked whether, when a conveyance into joint names indicates only that each party … Continue reading Stack v Dowden: HL 25 Apr 2007
The plaintiff suffered catastrophic brain damage as a result of cardiac arrest induced by respiratory failure as a child whilst at the defendant hospital. A doctor was summoned but failed to attend, and the child suffered cardiac arrest and brain damage. Held: In cases of diagnosis and treatment there are cases where, despite a body … Continue reading Bolitho v City and Hackney Health Authority: HL 24 Jul 1997
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
FTTTx Income Tax/Corporation Tax : Assessment/Self-Assessment – overpayment by employer of amount paid on account of sums they should have deducted under PAYE – whether excess repayable to employee directly – no – Reg 185 Income Tax (PAYE) Regulations 2003 Penalty – whether penalty correctly applied for deliberate and concealed behaviour in relation to errors … Continue reading Ward v Revenue and Customs: FTTTx 20 Jun 2016
FTTTx Penalty. Suspension. Flawed decision. Sch 24 Finance Act 2007. Citations: [2012] UKFTT 398 (TC) Links: Bailii Jurisdiction: England and Wales Taxes Management Updated: 30 November 2022; Ref: scu.462779
This appeal is about an elaborate scheme designed and marketed by KPMG relating to demonstrator cars used by retail distributors for test drives and other internal purposes. In the ordinary course, a car distributor will buy new cars for use as demonstrators, paying VAT on the full amount of the sale price. This will in … Continue reading Revenue and Customs v Pendragon Plc and Others: SC 10 Jun 2015
INCOME TAX/VALUE ADDED TAX – whether Appellant had undeclared trading income – time limit for issuing discovery assessment – whether Appellant’s VAT returns were inaccurate – whether Appellant liable for penalty for failure to file self-assessment tax returns – s 93 Taxes Management Act 1970 – whether Appellant’s conduct dishonest/deliberate – s 60 Value Added … Continue reading Qolaminejite v Revenue and Customs (Income Tax/Value Added Tax – Undeclared Trading Income): FTTTx 2 Dec 2019
FTTTx INCOME TAX -appeal against a penalty charge under Schedule 24 Finance Act 2007 for an incorrect self assessment return for the year 2009/10- appellant omitted a bonus from his tax return and the penalty in respect of this careless omission is confirmed – in respect of an extra payment from RBS which they left … Continue reading Hunt v Revenue and Customs: FTTTx 8 Dec 2012
FTTTX INCOME TAX – penalty for careless inaccuracy in self-assessment tax return under schedule 24 Finance Act 2007 – carelessness admitted – suspension of penalty – HMRC declined to suspend because of general policy not to suspend penalties for one-off errors – HMRC also did not address suspension condition suggested by Appellant – proposal that … Continue reading Testa v Revenue and Customs: FTTTx 18 Feb 2013
FTTTx INCOME TAX – Penalty – Inaccuracy in tax return leading to understatement of tax (FA 2007 Sch 24) – Whether inaccuracy was ‘careless’ -Whether penalty should be suspended – Appeal dismissed Citations: [2013] UKFTT 140 (TC) Links: Bailii Statutes: Finance Act 2007 Jurisdiction: England and Wales Income Tax Updated: 14 November 2022; Ref: scu.472329
The Alexander T, owned by the appellant and insured by the respondents was a total loss. The insurers resisted payment, the appellant came to allege improperly, and the parties had settled the claim on full payment under a Tomlin Order. The owners later began proceedings in Greece claiming what the defendants said were the same … Continue reading Starlight Shipping Co v Allianz Marine and Aviation Versicherungs Ag and Others: CA 20 Dec 2012
INCOME TAX – information notice under paragraph 39 of Schedule 36 to Finance Act 2007 – failure to comply with notice – penalty – claim for subsistence and training expenditure – principles to be applied – penalties for careless inaccuracies in 2016/17 self-assessment return under Schedule 24 Finance Act 2007 – appeal dismissed Citations: [2020] … Continue reading Phillips v Revenue and Customs (Income Tax – Failure To Comply With Notice): FTTTx 9 Mar 2020
fTTTx INCOME TAX – Penalty – Schedule 24 Finance Act 2007 – careless inaccuracy – prompted disclosure – whether inaccuracy careless – whether suspension of penalty appropriate – whether ‘special circumstances’ – interpretation of ‘special circumstances’ – whether HMRC’s decision flawed because of failure to a) consider whether there were special circumstances until after penalty … Continue reading White v Revenue and Customs: FTTTx 1 Jun 2012
CAPITAL GAINS TAX – penalty under Finance Act 2007 Schedule 24 – reliance on agent – reasonable care to avoid inaccuracy – appeal allowed Citations: [2012] UKFTT 314 (TC) Links: Bailii Jurisdiction: England and Wales Capital Gains Tax Updated: 03 November 2022; Ref: scu.462679
INCOME TAX – Whether certain alleged agent and webmaster expenses of self-employment as an adult entertainer deductible? – In the absence of evidence, no – Penalty Assessments – Schedule 24 Finance Act 2007 – Whether conduct leading to inaccuracy deliberate? – Yes, but not in relation to a return with figures which are expressly said … Continue reading LD v Revenue and Customs (Income Tax/Corporation Tax : Assessment/Self-Assessment): FTTTx 9 Aug 2019
INCOME TAX – discovery assessments – Taxes Management Act 1970 ss. 9A, 12B, 28A, 29, 34, 36 – onus of proof – whether discovery ‘stale’ – whether the condition under s 29(4) met for the ordinary time limit to be extended – income returned on an accruals basis – quantum of insufficiency varied for a … Continue reading Kantopoulos v Revenue and Customs No 2 (Income Tax – Discovery Assessments): FTTTx 19 Jul 2019
Appeal against schedule 24 Finance Act 2007 Penalties Citations: [2019] UKFTT 413 (TC) Links: Bailii Jurisdiction: England and Wales Taxes Management Updated: 24 October 2022; Ref: scu.641251
VALUE ADDED TAX DVOIP and Electronic Communication Services – Penalty imposed on company in relation to inaccuracies in three successive quarterly VAT returns – Company entered liquidation – Personal Liability Notice for 100% of the Company’s liability issued to Appellant sole director D Schedule 24 Paragraph 19 Finance Act 2007 D Did the Company know … Continue reading Hussain v Revenue and Customs (VAT – Administration : Collection and Enforcement): FTTTx 12 Aug 2019
EAT Deposit ordered. Order lost in post due to the Claimant putting wrong post-code on ET1. Review. Distinguishing Judgments from Orders. Strike-out. Extending time. Judges: His Honour Peter Clark Citations: [2005] UKEAT 0318 – 05 – 2907, UKEAT/0319/05/TM, UKEAT/0318/05/TM, [2005] ICR 1647, UKEAT/0320/05/TM, [2005] IRLR 836 Links: Bailii, EATn Statutes: Employment Tribunal Rules 2004 20(1) … Continue reading Sodexho Ltd v Gibbons: EAT 14 Jul 2005
VALUE ADDED TAX – alleged suppression of sales and output tax – best judgement assessment – penalties under Schedule 24 Finance Act 2007 Citations: [2018] UKFTT 533 (TC) Links: Bailii Jurisdiction: England and Wales VAT Updated: 23 October 2022; Ref: scu.632317
VALUE ADDED TAX – Penalty for an inaccurate return – Schedule 24 Finance Act 2007 – Whether inaccuracy deliberate? – No – Whether inaccuracy careless? – Yes – Whether there should be any further discount for disclosure? – No – Appeal allowed in part Citations: [2019] UKFTT 203 (TC) Links: Bailii Jurisdiction: England and Wales … Continue reading Faux Properties (A Partnership) v Revenue and Customs (VAT – Penalties : Misdeclaration): FTTTx 20 Mar 2019
INCOME TAX – whether appellant had under-declared trading profits -discovery assessments – s 29 Taxes Management Act 1970 – whether discovery had become stale – penalties for inaccuracies in tax returns – schedule 24 Finance Act 2007 – whether conduct deliberate and concealed – appeal allowed in part Citations: [2019] UKFTT 99 (TC) Links: Bailii … Continue reading Chaudhary v Revenue and Customs (Income Tax/Corporation Tax : Assessment/Self-Assessment): FTTTx 14 Feb 2019
Income tax – Schedule 24 Finance Act 2007 – Inaccuracy in tax return – Penalty assessment – Whether careless – yes – Appeal dismissed Citations: [2014] UKFTT 260 (TC) Links: Bailii Jurisdiction: England and Wales Income Tax Updated: 17 October 2022; Ref: scu.525293
VALUE ADDED TAX – assessment – whether understatement of sales – penalty – Schedule 24 Finance Act 2007 – whether deliberate and concealed – quantum of VAT assessment and penalty assessment – appeal dismissed Citations: [2014] UKFTT 422 (TC) Links: Bailii Jurisdiction: England and Wales VAT Updated: 06 October 2022; Ref: scu.526785
FTTTx INCOME TAX – penalty assessment – Schedule 24 Finance Act 2007 – whether error on income tax return was careless – whether penalty to be suspended under paragraph 14 Schedule 24 Finance Act 2007 – whether HMRC’s decision not to suspend penalty was flawed – appeal dismissed Citations: [2012] UKFTT 122 (TC) Links: Bailii … Continue reading Hackett v Revenue and Customs: FTTTx 10 Feb 2012
Income Tax – Penalty assessment – Schedule 24 Finance Act 2007 – whether error on income tax return was careless – whether special circumstances under Paragraph 11 of Schedule 24. Appeal refused. Citations: [2011] UKFTT 829 (TC) Links: Bailii Jurisdiction: England and Wales Income Tax Updated: 28 September 2022; Ref: scu.450932
FTTTx Income tax — penalty assessment — Schedule 24 Finance Act 2007 — whether error on income tax return was careless — whether penalty to be suspended under paragraph 14 Schedule 24 Finance Act 2007– whether HMRC’s decision not to suspend penalty was flawed Citations: [2011] UKFTT 210 (TC) Links: Bailii Income Tax Updated: 17 … Continue reading Fane v Revenue and Customs: FTTTx 25 Mar 2011
The claimant company alleged that the defendants had variously received assests (shares and cash) acquired by a former partner in the claimant company and held on his behalf, in breach of his obligations to the caimant partnership. The defendants said that the claims had in effect already been decided against the claimants in an arbitration. … Continue reading Michael Wilson and Partners Ltd v Sinclair and Others: ComC 21 Sep 2012
RATING – valuation – value of lounges at Heathrow airport following events of 11 September 2001 in New York – claimed effects on passenger numbers and aircraft movements – whether matters physically manifest in locality – VT holding that they were though masked by other factors and reducing RVs – held VT wrong to conclude … Continue reading Re CIP Lounges at Heathrow Airport: LT 16 Mar 2009
The insurance company was to be wound up. It operated internationally but was registered in Australia. The Australian liquidator now sought an order for the transfer of assets held here to Australia. Held: It was inevitable that cross border insolvency arrangements would cause difficulty, and particularly so for insurance companies. Such a transfer would prejudice … Continue reading McGrath and Honey v McMahon and Others, Re HIH Casualty and General Insurance Ltd and others: CA 9 Jun 2006
Omission from tax return – penalty assessment under paragraph 17 Schedule 24 Finance Act 2007 – appeal against penalty – appeal against decision not to suspend penalty under paragraph 14 – was Appellant careless – yes – was decision not to suspend penalty flawed – no – were there special circumstances to take into account … Continue reading Hardy v Revenue and Customs: FTTTx 12 Sep 2011
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
VAT – penalty under Schedule 24 Finance Act 2007 – inaccurate VAT return – mistake by Appellant’s temporary book-keeper – whether careless – yes. Whether prompted disclosure – yes – penalty assessed at 15% of potential lost revenue Citations: [2010] UKFTT 466 (TC) Links: Bailii Jurisdiction: England and Wales VAT Updated: 13 June 2022; Ref: … Continue reading Express Food Supplies v Revenue and Customs: FTTTx 26 Aug 2010
INCOME TAX – penalties for careless inaccuracies – failure by taxpayer to include various items of income in tax return – whether careless – yes in part – whether special circumstances – yes – whether decision of HMRC flawed – yes – whether appropriate to suspend penalties – no – allow appeal in part – … Continue reading Roche v Revenue and Customs: FTTTx 11 May 2012
The claimant had been defrauded by a customer of the defendant bank. He brought a claim against the bank, saying that they knew or ought to have known of the fraudster’s activities, and were liable. The Bank denied that the UK courts had jurisdiction saying in particular that no claim arose because it would be … Continue reading Williams v Central Bank of Nigeria: QBD 8 Apr 2011
The European Court had found the UK to have unlawfully treated differently payment of franked dividends between subsidiaries of UK companies according to whether all the UK subsidiaries were themselves UK based, thus prejudicing European subsidiaries, breach of EU Treaty guarantees of freedom of establishment and of movement of capital. The court was now asked … Continue reading Test Claimants In The Franked Investment Income Group Litigation v Inland Revenue: SC 23 May 2012
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception to state immunity. Held: The Kingdom’s appeal succeeded. The protection of state immunity was essentially a … Continue reading Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006
Charitable Company- Directors’ Status and Duties A married couple set up a charitable foundation to assist children in developing countries. When the marriage failed an attempt was made to establish a second foundation with funds from the first, as part of W leaving the Trust. Court approval was obtained, but the court ordered the remaining … Continue reading Lehtimaki and Others v Cooper: SC 29 Jul 2020
The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the pleaded facts, Mr Chopra and Mr Nazir were the directing organ of Bilta under its constitution. … Continue reading Jetivia Sa and Another v Bilta (UK) Ltd and Others: SC 22 Apr 2015
Mrs Bradley was employed by Dart Mill several times from 1933 and 1970 and acquired byssinosis from inhaling cotton dust. The company was wound up in 1975 and dissolved in 1976. In 1984 she applied to the court for pre-action disclosure under section 33(2) of the Supreme Court Act 1981 and RSC Ord. 24 rule … Continue reading Bradley v Eagle Star Insurance Co Ltd: HL 1989
Income Tax and Vat – COP9 Investigation – Suppression of Business Income – assessments for under-declared VAT – discovery amendments and closure notice in respect of under-declaration of income tax – penalties for dishonest, and for deliberate and concealed behaviours – ss 60(1) and 73 VAT Act 1994, ss 28B and 30B Taxes Management Act … Continue reading Best On Convenience Store (A Firm) v Revenue and Customs: FTTTx 16 Mar 2022
Income Tax/Corporation Tax : Penalty – schedule 24 Finance Act 2007 – deliberate inaccuracy in return – appeal dismissed Citations: [2018] UKFTT 229 (TC) Links: Bailii Jurisdiction: England and Wales Income Tax Updated: 14 April 2022; Ref: scu.609277
Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992
Banker’s Liability for Negligent Reference The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any assumption of a duty of care to a third party when purely … Continue reading Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963
Rehearing/Review – Little Difference on Appeal The appellant asked the Court to reverse a decision on the facts reached in the lower court. Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. Tanfern was limited to appeals from … Continue reading Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
VAT – inaccuracies in returns – Schedule 24 to Finance Act 2007 – omissions in invoicing associate business for services supplied – whether inaccuracies -‘careless’ – under-statement of the value of deemed supply on de-registration – whether behaviour – ‘deliberate’ – whether special reductions – appeal allowed in part Citations: [2018] UKFTT 658 (TC) Links: … Continue reading Pink Eco Clean v Revenue and Customs: FTTTx 8 Nov 2018
D bought 500,000 shares in TY 2009/10 for pounds 500,000 in Media Pro Four Ltd. In tax year 2010/11 he sold them to ‘Island House Private Charitable Trust’ for pounds 85,500, realising a loss of pounds 414,500. His 2009/10 tax return claimed share loss relief for that amount against income for that year under section … Continue reading Derry, Regina (on The Application of) v Revenue and Customs: SC 10 Apr 2019
Discovery assessments – section 29 Taxes Management Act 1970 – Best Judgement VAT assessments – section 73 Value Added Tax Act 1994 – penalties – Schedule 24 Finance Act 2007 Citations: [2020] UKFTT 221 (TC) Links: Bailii Jurisdiction: England and Wales VAT Updated: 30 January 2022; Ref: scu.651603
FTTTx Vat – Avoidance : Other – restriction of deduction of input tax under the ‘Kittel’ principle – whether non-payment of VAT by associated company was fraudulent – whether inaccuracy in return was ‘deliberate’ – paragraph 3 Schedule 24 Finance Act 2007 – appeals dismissed [2016] UKFTT 687 (TC) Bailii England and Wales VAT Updated: … Continue reading Victoria Walk Ltd v Revenue and Customs: FTTTx 17 Oct 2016
FTTTx INCOME TAX – self assessment – closure notices – discovery assessments – whether business records adequate – whether sales omitted – whether full disclosure of bank accounts – onus of proof – presumption of continuity – Taxes Management Act 1970 ss. 9A, 12B, 28A, 29, 34, 36, 49G, 50 and 95; Finance Act 2007 … Continue reading Allan v Revenue and Customs (Income Tax/Corporation Tax : Assessment/Self-Assessment): FTTTx 20 Jul 2016
Appeal against a penalty imposed under Schedule 24 of the Finance Act 2007 for an error found in the Appellant’s VAT return which HMRC classed as careless under Schedule 24 paragraph 3(1)(a) [2010] UKFTT 583 (TC) Bailii England and Wales VAT Updated: 20 January 2022; Ref: scu.567530
FTTTx (Vat – Penalties : Misdeclaration) VAT – penalty – Schedule 24 Finance Act 2007 – inaccuracy in VAT returns – whether deliberate – special circumstances – proportionality – appeal dismissed [2016] UKFTT 400 (TC) Bailii England and Wales VAT Updated: 17 January 2022; Ref: scu.565787
FTTTx VAT – Inaccuracy Penalties – Schedule 24 Finance Act 2007 – Whether inaccuracies? – Yes – Whether deliberate and concealed? – No – inaccuracies in returns 03/12 and 04/12 careless – inaccuracies in returns 05/12 and 06/12 deliberate but not concealed – Whether First Appellant’s conduct attributable to Second Appellant? – Yes, but only … Continue reading Changtel Soloutions Ltd v Revenue and Customs (Vat – Penalties : Misdeclaration): FTTTx 7 Jun 2016
VAT – default surcharges – reasonable excuse – bank refusing to allow overdraft facility- appeal allowed in part Penalties – schedule 24 Finance Act 2007- Appeal dismissed [2011] UKFTT 692 (TC) Bailii England and Wales VAT Updated: 17 January 2022; Ref: scu.449618
In the course of the insolvent administration of the bank, substantial additional sums were received. Parties appealed against some orders made on the application to court for directions as to what was to be done with the surplus. Held: The Court considered the so called waterfall of distributions made on liquidation which proved to be … Continue reading LB Holdings Intermediate 2 Ltd, The Joint Administrators of v Lehman Brothers International (Europe), The Joint Administrators of and Others: SC 17 May 2017
FTTTx VAT – Default Surcharge; proportionality; Value Added Tax 1994 s59, penalties for inaccuracies in VAT returns; Finance Act 2007, Schedule 24; appeal allowed in part [2016] UKFTT 310 TC Bailii England and Wales VAT Updated: 16 January 2022; Ref: scu.564365
Wives had charged the family homes to secure their husband’s business borrowings, and now resisted possession orders, claiming undue influence. Held: Undue influence is an equitable protection created to undo the effect of excess influence of one person over the will of another, though it should not always be presumed to arise from the existence … Continue reading Royal Bank of Scotland v Etridge (No 2); Barclays Bank plc v Harris; Midland Bank plc v Wallace, etc: HL 11 Oct 2001
FTTTx Income Tax – penalty assessment – Schedule 24 – Finance Act 2007 – policy proceeds from surrendered investment bond-whether error on income tax return was careless – Yes – Appeal dismissed. [2016] UKFTT 103 (TC) Bailii England and Wales Income Tax Updated: 10 January 2022; Ref: scu.560223
FTTTx INCOME TAX – penalties for careless inaccuracies – failure by taxpayer to include various items of income in tax return – whether careless – yes- whether decision of HMRC flawed – yes – whether appropriate to suspend penalties – yes – allow appeal in part – Schedule 24, Finance Act 2007 [2015] UKFTT 445 … Continue reading Patel v Revenue and Customs: FTTTx 7 Sep 2015
FTTTx VAT – DIY Builders Scheme – Section 35 Value Added Tax Act 1994 – Inaccurate claim – Administrative error by Appellant’s representatives – Incorrectly completed form sent by his accountants to the Appellant for signature – Adjustments made by HMRC – Penalty applied – Schedule 24 Finance Act 2007 – Whether the appellant took … Continue reading Coates v Revenue and Customs: FTTTx 16 Sep 2015
FTTTx Value Added Tax : Diy Builders Scheme – VALUE ADDED TAX D DIY Builders scheme D s 35 VATA 1994 D claim withdrawn because HMRC evidence requirements could not be met D Penalty under Schedule 24 Finance Act 2007 D whether inaccuracy in document caused by failure to take reasonable care D No, because … Continue reading Howells and Another v Revenue and Customs: FTTTx 10 Aug 2015
FTTTx INCOME TAX – penalties – Schedule 24 Finance Act 2007 – inaccuracy in self-assessment return – carelessness – amount of penalty – special circumstances – suspension of penalty – appeal dismissed [2015] UKFTT 389 (TC) Bailii Finance Act 2007 England and Wales Income Tax Updated: 03 January 2022; Ref: scu.551520
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006
FTTTx VAT – Penalties – Schedule 24 Finance Act 2007 – suspension of penalty – whether conditions could be applied – decision of HMRC flawed – whether as a matter of discretion the penalty should be suspended – appeal dismissed [2015] UKFTT 126 (TC) Bailii England and Wales VAT Updated: 28 December 2021; Ref: scu.544573
FTTTx VAT – Penalty Schedule 24 Finance Act 2007 para 15(1); error in claiming a refund of VAT under the DIY Housebuilder’s scheme (Schedule 35 VAT Act 1994); whether the use of the wrong form fell within the scope of the penalty provisions of para 1 Schedule 24 FA 2007 (Error in Taxpayer’s document) – … Continue reading Palau and Another v Revenue and Customs: FTTTx 27 Jan 2015
FTTTx VAT – late appeal against penalty under schedule 24 Finance Act 2007 – application to appeal out of time – should permission be given? – No – application refused [2014] UKFTT 754 (TC) Bailii VAT Updated: 20 December 2021; Ref: scu.535802
FTTTx CONSTRUCTION INDUSTRY SCHEME -penalties under Schedule 24 Finance Act 2007 of andpound;41.13 – penalty under Section 98A (4) Taxes Management Act 1970 andpound;140 and andpound;7200 – failure to make scheme returns – incorrect assessment raised -appellant had reasonable excuse and penalty not proportional – appeal allowed [2014] UKFTT 759 (TC) Bailii Taxes Management Act … Continue reading Laithwaite v Revenue and Customs: FTTTx 6 Aug 2014
The former bankrupt resisted sale of his property by the trustee, saying that enforcement was barred by limitation. He and his wife bought the property in early 1988, and he was made bankrupt in October 1988. He was dischaged from bankruptcy in October 1991. In December 1990 the court answered an application for the sale … Continue reading Gotham v Doodes: CA 25 Jul 2006
FTTTx INCOME TAX – forgivable loan – when was loan waived – timing of tax charge – carelessness – penalties – special circumstances – section 62 ITEPA 2003 and Schedule 24 Finance Act 2007 COSTS – wasted costs – party acting unreasonably – power of Tribunal to award costs – section 29, Tribunals, Courts and … Continue reading Berrier v Revenue and Customs: FTTTx 13 May 2014
Income Tax – Schedule 24 Finance Act 2007 – Penalty for careless inaccuracy in return – special circumstances – suspension – appeal dismissed [2014] UKFTT 513 (TC) Bailii England and Wales Income Tax Updated: 03 December 2021; Ref: scu.526808
FTTTx VAT – penalty for inaccurate return under schedule 24 Finance Act 2007 – admittedly careless error – whether disclosure was ‘prompted’ or ‘unprompted’ – disclosure made at a time when HMRC had already booked a repayment return verification visit, but would have been made irrespective of that visit – whether Appellant at the relevant … Continue reading United European Gastroenterology Federation v Revenue and Customs: FTTTx 9 May 2013
FTTTx VAT – Penalties – Schedule 24 Finance Act 2007 – inaccuracies in VAT return – deliberate inaccuracy – careless inaccuracy – reliance on agent – appeal allowed in part [2013] UKFTT 324 (TC) Bailii VAT Updated: 17 November 2021; Ref: scu.513435
No Contractual Obligation to Try Case in New York (Gibraltar) The appellant had invested in a fraudulent Ponzi scheme run by Bernard Madoff. They were repaid sums before the fund collapsed, and the trustees now sought repayment by way of enforcement of an order obtained in New York. Held: The appeal was allowed. There was … Continue reading Vizcaya Partners Ltd v Picard and Another: PC 3 Feb 2016
The House considered whether certain properties of the Church were subject to non-domestic rating. Various buildings were on the land, and the officer denied that some fell within the exemptions, and in particular whether the Temple itself was a public place of religious worship, since it was not open to the public, or even to … Continue reading Gallagher (Valuation Officer) v Church of Jesus Christ of Latter-Day Saints: HL 30 Jul 2008
FTTTx Income Tax – penalty assessment – Schedule 24 – Finance Act 2007 – redundancy payment – whether error on income tax return was careless – suspension of penalty under Paragraph 14, Schedule 24 considered – Appeal dismissed. [2012] UKFTT 40 (TC) Bailii England and Wales Income Tax Updated: 11 November 2021; Ref: scu.450790
A new library had been built for the college. A company owned by the college took a lease of it from the college, and reclaimed the input tax paid on construction. The company managed the library. Held: The Revenue’s appeal failed. The question was whether the college was in occupation of the library, either alone … Continue reading Principal and Fellows of Newnham College In the University of Cambridge v Revenue and Customs: HL 16 Apr 2008
The defendant sought to re-open the question of whether the charge under which he might otherwise be liable was an extortionate credit bargain. The creditor said that that plea was time barred. The defendant argued that a finding that the agreement amounted to an extortionate bargain would not be a substantive relief, and was therefore … Continue reading Nolan v Wright: ChD 26 Feb 2009
In the course of ancillary relief proceedings in a divorce, questions arose regarding company assets owned by the husband. The court was asked as to the power of the court to order the transfer of assets owned entirely in the company’s names. The judge had made such an order, finding evidence that the companies had … Continue reading Prest v Petrodel Resources Ltd and Others: SC 12 Jun 2013
Effective Date of Transfer SDLT – contract and conveyance – effective date of land transaction – contract provided for purchaser to grant an annuity – annuity held on trust for purchaser pending completion of contract – was contract substantially performed before completion? – annuity redeemed between contract and completion – what was consideration for the … Continue reading Hannah and Another v Revenue and Customs: UTTC 2 Feb 2021
Remission of Sentence is a Privilege not a Right The plaintiffs had begun their action, to challenge their loss of remission as prisoners, by means of a writ, rather than by an action for judicial review, and so had sidestepped the requirement for the action to be brought within strict time limits. Held: The forfeiture … Continue reading O’Reilly v Mackman: HL 1982
Lapsed Currency conversion option lost status The taxpayer appealed his assessment to Capital Gains Tax on his redemption of loan notes arising following the sale of his computer company. He said that they were qualifying corporate bonds. The question was whether a security in which a currency conversion option has lapsed, becomes (as the taxpayer … Continue reading Harding v Revenue and Customs: CA 23 Oct 2008
The court was asked whether, as second mortgagee on the defendant’s properties, the claimant agency had the equitable power of marshalling of prior charges. The first chargee had charges over two properties, and sold the first, satisfying it debt, but leaving the Agency with no effective return. The bank’s same debts had also been secured … Continue reading Serious Organised Crime Agency v Szepietowski and Others: ChD 15 Oct 2010
The rules contained two occasions on which a court would consider dismissal of a claim as having ‘no real prospect’ of success. Held: The only significant difference between CPR 24.2 and 13.3(1), is that under the first the overall burden of proof rests upon the claimant to establish that there are grounds for his belief … Continue reading E D and F Man Liquid Products Ltd v Patel and Another: CA 4 Apr 2003
The claimant had asked the court to revoke the probate granted in his brother’s estate. He appealed now against a strike out of his request. He alleged that the will was a forgery. The executor’s and defendants were not relations of the deceased, but acquaintances. An earlier claim had been struck out, and the costs … Continue reading Wahab v Khan and Others; In re Abdus Sattar Sheikh deceased: ChD 12 Apr 2011
The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets in the UK. They argued that the terms of issue waived state immunity. Held: The … Continue reading NML Capital Ltd v Argentina: SC 6 Jul 2011
The taxpayer insurance company had transferred sums from accounts designated as Capital Reserves. The Revenue said that these were properly part of the profit and loss accounts for the respective tax years, and chargeable receipts. Held: The Revenue’s cross appeal succeeded. As a life assurance company, the amounts to be taken into account in computing … Continue reading Scottish Widows Plc v Revenue and Customs: SC 6 Jul 2011
The parties had contracted for the construction of an estate of houses and flats to be followed by the interim purchase by the defendants. The defendants argued that the slump in land prices frustrated the contract and that they should not be called on to purchase the properrties at the price stated because they would … Continue reading Gold Group Properties Ltd v BDW Trading Ltd: TCC 3 Mar 2010
