INCOME TAX – limited liability partnerships – Income Tax (Trading and Other Income) Act 2005, section 863 – whether HMRC had power to open enquiry under Taxes Management Act 1970, section 12AC – whether any enquiry should have been made under . .
INCOME TAX – settlements legislation – chapter 5 Part 5 Income Tax (Trading and Other Income) Act 2005 – meaning of ‘settlement’ – meaning of ‘settlor’ – whether dividend or distribution taxable under s383 Income Tax (Trading and Other Income) Act 2005 – appeal dismissed Citations: [2021] UKFTT 12 (TC) Links: Bailii Jurisdiction: England and … Continue reading Clipperton and Another v Revenue and Customs (Income Tax – Settlements Legislation): FTTTx 20 Jan 2021
Income tax – 100% relief for expenditure on qualifying film – s 42 Finance (No 2) Act 1992 and s 48 Finance (No 2) Act 1997 – delay in obtaining certificate as to status of film – whether claim made out of time – alternative claim for subsequent year under s 140 Income Tax (Trading … Continue reading Innvotec 6 Llp v Revenue and Customs (Income Tax/Corporation Tax : Relief for Expenditure On Qualifying Film): FTTTx 28 Jan 2019
FTTTx INCOME TAX – Losses – whether losses relating to purchase and resale of commercial properties by appellant attributable to appellant’s UK property business (s264 Income Tax (Trading and Other Income Act) 2005) or whether the losses were trading losses – losses were trading losses – whether ‘discovery amendment’ under s30B(1) Taxes Management Act 1970 … Continue reading Albermarle 4 Llp v Revenue and Customs: FTTTx 30 Jan 2013
Tax Credits – Child Tax Credit – no valid claim for capital allowance by the time Her Majesty’s Revenue and Customs made its decision on his entitlement to tax credits – not operating or carrying on any overseas property business at the time of the decision and expenditure on a property could not constitute a … Continue reading JQ v Her Majestys Revenue and Customs: UTAA 18 Jun 2020
INCOME TAX AND CORPORATION TAX — LLPs established to carry on activities relating to the production of films and games – individual members of the LLPs making capital contributions for membership – funding also coming from commissioning distributor – Whether activities carried on by the LLPs constituted a trade – Whether activities of the LLPs … Continue reading Ingenious Games Llp and Others v Revenue and Customs:: UTTC 26 Jul 2019
Income Tax – Schedule D – Journalist and author – Expenses – Whether premises costs incurred whilst working and writing a book qualified for a deduction against income from the business – Section 34 Income Tax (Trading and Other Income) Act 2005 Citations: [2010] UKFTT 429 (TC) Links: Bailii Jurisdiction: England and Wales Income Tax … Continue reading Huhtala v Revenue and Customs: FTTTx 13 Sep 2010
FTTTx Income tax – Whether expenditure was incurred wholly and exclusively for the purpose of a trade – Identification of the trade – Appeal allowed in part – Section 34 Income Tax (Trading and Other Income) Act 2005 Judges: John Brooks TJ Citations: [2011] UKFTT 526 (TC) Links: Bailii Jurisdiction: England and Wales Income Tax … Continue reading Moore v Revenue and Customs: FTTTx 2 Aug 2011
INCOME TAX – CORPORATION TAX – Mixed Partnership Rules – Sections 805A-E Income Tax (Trading and Other Income) Act 2005 – s805C – increase in the profit share of an individual partner by so much of the amount of the corporate partner’s profit share is attributable to the individual’s power to the enjoy the corporate’s … Continue reading Walewski v Revenue and Customs: UTTC 15 Jun 2021
INCOME TAX – ALLOWABLE EXPENSES – Closure Notice – Penalty -Subcontractor staying away from home for 165 days – business base – Section 34 Income Tax (Trading and Other Income) Act 2005 ‘Wholly and exclusively’ – appeal against Closure Notice dismissed – appeal against Penalty Notice allowed. Citations: [2020] UKFTT 416 (TC) Links: Bailii Jurisdiction: … Continue reading Taylor v Revenue and Customs (Income Tax – Allowable Expenses – Closure Notice): FTTTx 17 Oct 2020
INCOME TAX – section 34 Income Tax (Trading and Other Income) Act 2005 – deductibility of fitness training expenditure for saturation diver – duality of purpose Citations: [2020] UKFTT 373 (TC) Links: Bailii Jurisdiction: England and Wales Income Tax Updated: 27 March 2022; Ref: scu.655313
Judges: Peter Jackson, Dingemans, Andrews LJ j Citations: [2021] EWCA Civ 624, [2022] 1 WLR 539 Links: Bailii Statutes: Income Tax (Trading and Other Income) Act 2005 Jurisdiction: England and Wales Income Tax Updated: 09 February 2022; Ref: scu.662310
INCOME TAX – settlements legislation – chapter 5 Part 5 Income Tax (Trading and Other Income) Act 2005 – meaning of ‘settlement’ – meaning of ‘settlor’ – whether there were multiple settlors – application of s 644 and s 645 Income Tax (Trading and Other Income) Act 2005 – whether dividend or distribution taxable under … Continue reading Dunsby v Revenue and Customs: UTTC 23 Nov 2021
Settlements legislation – chapter 5 Part 5 Income Tax (Trading and Other Income) Act 2005 – meaning of ‘settlement’ – meaning of ‘settlor’ – multiple settlors – application of s644 and s645 Income Tax (Trading and Other Income) Act 2005 – whether dividend or distribution taxable under s383 Income Tax (Trading and Other Income) Act … Continue reading Dunsby v Revenue and Customs (Income Tax – Settlements Legislation): FTTTx 24 Jun 2020
FTTTx INCOME TAX – taxation of overseas dividends received by resident beneficiary of non-resident trust – distributions from non-UK resident companies – interpretation of legislation rewritten as part of the Tax Law Rewrite Project – s399 Income Tax (Trading and Other Income) Act 2005 – appeal allowed [2014] UKFTT 1023 (TC) Bailii Income Tax (Trading … Continue reading Shirley v Revenue and Customs: FTTTx 11 Nov 2014
The taxpayers challenged decisions by the Revenue to apply section 858 of the 2005 Act so as to tax income earned as UK residents but as partners in an isle of Man partnership. Held: The claim should be reconstituted as a claim for judicial review and heard together with the appeal in Huitson. [2010] EWCA … Continue reading Shiner and Another, Regina (on The Application of) v HM Revenue and Customs: CA 26 May 2010
FTTTx Income Tax – Whether payment of 300,000 euros (215,455 pounds) to settle German litigation was an expense incurred wholly and exclusively for the purposes of the trade or profession of an individual partner – Whether the payment was revenue or capital expenditure – Whether deductible under s 34 Income Tax (Trading and Other Income) … Continue reading Vaines v Revenue and Customs: FTTTx 15 Oct 2013
FTTTx INCOME TAX; provision of consultancy services; unformed company; fee for services subsequently paid to newly formed company after services performed; substance and commercial effect of arrangements; accounting treatment of fee; generally accepted accounting practice; corporation tax on fee paid by newly formed company; whether Appellant contractually or by reason of principles of unjust enrichment … Continue reading Hepburn v Revenue and Customs: FTTTx 20 Aug 2013
FTTTx INCOME TAX – section 34 Income Tax (Trading and Other Income) Act 2005 – appellant setting up in business in competition with former employer – expenditure incurred in settling legal proceedings and associated legal costs – whether expenditure wholly and exclusively for the purposes of the trade – duality of purpose – appeal dismissed … Continue reading Mcmahon v Revenue and Customs: FTTTx 24 Jul 2013
Re-surfacing of farm drive – Whether Capital or Revenue expenditure – Whether ‘entirety’ of drive renewed – No – Appeal allowed – Section 33 Income Tax (Trading and Other Income) Act 2005 [2011] UKFTT 416 (TC) Bailii England and Wales Income Tax Updated: 09 November 2021; Ref: scu.443111
Whether offshore diver was employee or self employed. . .
INCOME TAX – preliminary issue – section 15 ITTOIA 2005 – performance of duties of employed diver in UK waters treated as the carrying on of a trade in the UK – respondent resident in South Africa – whether income taxable as employment income under . .
INCOME TAX – preliminary issue – section 15 ITTOIA 2005 – performance of duties of employed diver in UK waters treated as the carrying on of a trade in the UK – appellant resident in South Africa – whether income taxable as employment income under . .
The taxpayer, a diver resident in South Africa had undertaken engagements within UK waters and now disputed his liability to Income Tax using a deeming provision in section 5 of the 2005 Act being self employed.
Held: HMRC’s appeal succeeded. . .
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