Citations:
[2018] UKFTT 125 (TC)
Links:
Jurisdiction:
England and Wales
Taxes – Other
Updated: 13 April 2022; Ref: scu.609229
[2018] UKFTT 125 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609229
[2018] UKFTT 142 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609228
[2018] UKFTT 122 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609242
[2018] UKFTT 156 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609224
[2018] UKFTT 143 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609232
[2018] UKFTT 198 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609237
[2018] UKFTT 144 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609227
[2018] UKFTT 129 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609226
[2018] UKFTT 126 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609233
[2018] UKFTT 128 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609243
[2018] UKFTT 135 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609240
[2018] UKFTT 159 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609230
[2018] UKFTT 115 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609235
[2018] UKFTT 145 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609239
[2018] UKFTT 109 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609225
[2018] UKFTT 123 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609203
[2018] UKFTT 147 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609221
[2018] UKFTT 130 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609215
[2018] UKFTT 111 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609204
[2018] UKFTT 110 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609218
[2018] UKFTT 138 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609217
[2018] UKFTT 155 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609206
[2018] UKFTT 163 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609209
[2018] UKFTT 139 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609220
[2018] UKFTT 113 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609214
[2018] UKFTT 141 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609205
[2018] UKFTT 146 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609216
[2018] UKFTT 121 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609207
[2018] UKFTT 127 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609212
[2018] UKFTT 131 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609208
[2018] UKFTT 164 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609210
[2018] UKFTT 148 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609211
[2018] UKFTT 117 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609213
[2018] UKFTT 157 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609219
[2018] UKFTT 118 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609222
[2018] UKFTT 153 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609198
[2018] UKFTT 197 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609194
[2018] UKFTT 112 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609197
[2018] UKFTT 82 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609196
[2018] UKFTT 160 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609201
[2018] UKFTT 225 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609195
[2018] UKFTT 114 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609202
[2018] UKFTT 152 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609199
[2018] UKFTT 140 (TC)
England and Wales
Updated: 13 April 2022; Ref: scu.609200
INCOME TAX – Individual Tax Return – Self Assessment – late filing penalty – reasonable excuse – information on HMRC website – appeal dismissed
[2014] UKFTT 74 (TC)
England and Wales
Updated: 12 April 2022; Ref: scu.521735
The appellant community charge payer (under 21) appealed after being committed to prison for non payment of the tax. The magistrates had come to the conclusion that they could not consider attaching the applicant’s liability to pay the charge to his income support as a viable alternative to prison.
Held: The appeal succeeded. In so concluding, the magistrates were ‘plainly wrong’ and that, as such, there was a ‘fundamental flaw’ in the case. The magistrates should have considered what was a viable offer of payment before imposing a prison sentence: ‘Community charge liability should only be visited with prison (if I may use that shorthand expression) if there is no other way in which the money can be extracted. Prison is not to be used as a big stick or primarily as punishment but as a means of extracting the liability.’
Because the the applicant was under 21 years of age at the time at which he was sentenced, the magistrates had a requirement publicly to state that there was no alternative but prison in this case. However, it was unnecessary to conclude the case on that ground in the light of the earlier finding.
As to costs, he said: ‘I am wholly unable to find that there has been any perverse or outrageous conduct of any kind in this case. These are tricky cases. The law has been evolving in the last year or so.’
Macpherson J
Times 07-Dec-1993
Cited – Lloyd And Others v The United Kingdom ECHR 1-Mar-2005
Magistrates had committed the applicants to prison in their absence for non-payment of local taxes and fines.
Held: The proceedings infringed the claimants’ human rights in that they had been found guilty of wilful refusal or culpable neglect . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 April 2022; Ref: scu.86046
Income Tax and National Insurance Contributions (NICS) calculation of gross remuneration in an amount which, after deduction of PAYE and NICs, would equal and extinguish liability of director to company on director’s loan account – company insolvent and unable to pay tax and NICs – whether tax deducted by company – whether director received relevant payments knowing that the company had wilfully failed to deduct PAYE – regulation 72, Income Tax (Pay As You Earn) Regulations 2003 – whether company failed to deduct and pay primary NICs and the director knew that the company had wilfully failed to pay – regulation 86, Social Security (Contributions) Regulations 2001.
[2018] UKUT 100 (TCC)
England and Wales
Updated: 07 April 2022; Ref: scu.608588
Late filing penalties – appellant says return submitted on time -no certificate of posting – assessment of evidence overall – appeal dismissed
[2020] UKFTT 386 (TC)
England and Wales
Updated: 06 April 2022; Ref: scu.655328
Opinion – Energy – Reference for a preliminary ruling – Taxation of energy products and electricity – Directive 2003/96/EC – Article 14(1)(a) – Exemption of energy products and electricity used to produce electricity – Third subparagraph of Article 21(5) – Entity producing electricity for its own use – Exemption for small producers of electricity
ECLI:EU:C:2018:169, [2018] EUECJ C-90/17 – O
European
Updated: 06 April 2022; Ref: scu.606032
ECJ Approximation of Laws – Opinion – Request for a preliminary ruling – Directive 2003/49/EC on a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States (Interest and Royalties Directive) – Concept of beneficial owner – Acting in one’s own name on behalf of a third party – Effect of the commentaries on the OECD Model Tax Convention on the interpretation of an EU Directive – Abuse of possible fiscal arrangements – Criteria for abuse through avoidance of tax at source – Abuse by taking advantage of a lack of cross-border information – Direct application of a non-transposed provision of a directive – Interpretation of national provisions for the prevention of abuse in conformity with EU law
ECLI:EU:C:2018:143, [2018] EUECJ C-115/16 – O
European
Updated: 05 April 2022; Ref: scu.606016
[2018] UKFTT 98 (TC)
England and Wales
Updated: 05 April 2022; Ref: scu.605744
[2018] UKFTT 94 (TC)
England and Wales
Updated: 05 April 2022; Ref: scu.605740
[2018] UKFTT 96 (TC)
England and Wales
Updated: 05 April 2022; Ref: scu.605738
[2018] UKFTT 89 (TC)
England and Wales
Updated: 05 April 2022; Ref: scu.605732
[2018] UKFTT 88 (TC)
England and Wales
Updated: 05 April 2022; Ref: scu.605735
[2018] UKFTT 85 (TC)
England and Wales
Updated: 05 April 2022; Ref: scu.605733
[2018] UKFTT 62 (TC)
England and Wales
Updated: 05 April 2022; Ref: scu.605724
[2018] UKFTT 69 (TC)
England and Wales
Updated: 05 April 2022; Ref: scu.605728
[2018] UKFTT 101 (TC)
England and Wales
Updated: 05 April 2022; Ref: scu.605742
[2018] UKFTT 64 (TC)
England and Wales
Updated: 05 April 2022; Ref: scu.605739
[2018] UKFTT 104 (TC)
England and Wales
Updated: 05 April 2022; Ref: scu.605725
[2018] UKFTT 67 (TC)
England and Wales
Updated: 05 April 2022; Ref: scu.605727
[2018] UKFTT 66 (TC)
England and Wales
Updated: 05 April 2022; Ref: scu.605729
[2018] UKFTT 86 (TC)
England and Wales
Updated: 05 April 2022; Ref: scu.605741
[2018] UKFTT 95 (TC)
England and Wales
Updated: 05 April 2022; Ref: scu.605737
[2018] UKFTT 87 (TC)
England and Wales
Updated: 05 April 2022; Ref: scu.605730
[2018] UKFTT 73 (TC)
England and Wales
Updated: 05 April 2022; Ref: scu.605731
[2018] UKFTT 106 (TC)
England and Wales
Updated: 05 April 2022; Ref: scu.605734
[2018] UKFTT 83 (TC)
England and Wales
Updated: 05 April 2022; Ref: scu.605736
[2018] UKFTT 65 (TC)
England and Wales
Updated: 05 April 2022; Ref: scu.605723
[2018] UKFTT 103 (TC)
England and Wales
Updated: 05 April 2022; Ref: scu.605721
[2018] UKFTT 93 (TC)
England and Wales
Updated: 05 April 2022; Ref: scu.605720
[2018] UKFTT 97 (TC)
England and Wales
Updated: 05 April 2022; Ref: scu.605722
INCOME TAX – HMRC amendments relating to disallowance of loan interest and legal costs upheld – whether legal costs eligible for post cessation trade relief -no – appeal in relation to 2005-6 dismissed – whether s54 TMA 1970 agreement for other earlier years as argued for by HMRC – no – lack of written notice of appeal to HMRC meant no s54 agreement but also meant no valid appeal before tribunal for earlier years- proceedings in relation to 2001-2 to 2004-5 proposed to be struck out for lack of jurisdiction.
[2016] UKFTT 224 (TC)
England and Wales
Updated: 05 April 2022; Ref: scu.561923
VALUE ADDED TAX – DIY Housebuilders – section 35 VATA 1994 – Notes 16 and 18 Group 5 Schedule 8 VATA 1994 – demolition of building leaving a gable wall prior to rebuilding – whether construction of a building – whether construction of a new building or reconstruction and enlargement or extension of existing building – whether an existing building – whether gable wall was a facade – appeal dismissed
[2016] UKFTT 195 (TC)
England and Wales
Updated: 05 April 2022; Ref: scu.561922
BINGO DUTY – bingo receipts – charge for hire of electronic handheld device – whether payment for entitlement or opportunity to participate in a game of bingo – Betting and Gaming Duties Act 1981, sections 17, 19 and 20C(5) – appeal allowed.
[2015] UKUT 682 (TCC)
England and Wales
Updated: 05 April 2022; Ref: scu.558962
PROCEDURE – COSTS – application made out of time-whether appropriate to extend time in all the circumstances – no -application not admitted
[2016] UKFTT 390 (TC)
England and Wales
Updated: 05 April 2022; Ref: scu.565765
Income Tax, National Insurance Contributions – award of bonuses in the form of loan notes – whether those loan notes were restricted securities for the purposes of Part 7 ITEPA – whether employees to be treated as receiving cash.
[2018] UKUT 7 (TCC)
England and Wales
Updated: 04 April 2022; Ref: scu.604783
National Insurance Contributions : Other – Class 1A – failure to make return on form P11D(b) on time – penalty of pounds 1,200 imposed – application to make a late appeal to HMRC – permission granted – evidence from accountant that P11D(b) filed on time – no evidence that determination made by authorised officer of HMRC – appeal upheld.
[2018] UKFTT 41 (TC)
England and Wales
Updated: 04 April 2022; Ref: scu.604376
Procedure : – application to make late appeals – illness of applicant – appeals made between approximately five and one year late – burden of proof – application refused
[2018] UKFTT 32 (TC)
England and Wales
Updated: 04 April 2022; Ref: scu.604347
Penalties – Alcoholic Liquor Duties Act 1979 – Alcohol Wholesaler Registration Scheme – beer sale before registration – whether the disclosure was prompted or unprompted – prompted – whether or not there was a reasonable excuse based upon the appellant’s lack of knowledge of the need for approval – no – whether or not there was a reasonable excuse based upon HMRC’s guidance – no – whether or not there were any special circumstances – no – appeal dismissed.
[2020] UKFTT 384 (TC)
England and Wales
Updated: 03 April 2022; Ref: scu.655337
[2017] UKFTT 834 (TC)
England and Wales
Updated: 02 April 2022; Ref: scu.600979
[2017] UKFTT 845 (TC)
England and Wales
Updated: 02 April 2022; Ref: scu.600982
[2017] UKFTT 824 (TC)
England and Wales
Updated: 02 April 2022; Ref: scu.600986
[2017] UKFTT 832 (TC)
England and Wales
Updated: 02 April 2022; Ref: scu.600977
[2017] UKFTT 851 (TC)
England and Wales
Updated: 02 April 2022; Ref: scu.600978
[2017] UKFTT 853 (TC)
England and Wales
Updated: 02 April 2022; Ref: scu.600985
[2017] UKFTT 819 (TC)
England and Wales
Updated: 02 April 2022; Ref: scu.600981
[2017] UKFTT 817 (TC)
England and Wales
Updated: 02 April 2022; Ref: scu.600983
[2017] UKFTT 843 (TC)
England and Wales
Updated: 02 April 2022; Ref: scu.600958
Stamp Duty Land Tax – avoidance scheme – late appeal – application for permission to notify a late appeal to the Tribunal – permission refused
[2017] UKFTT 797 (TC)
England and Wales
Updated: 02 April 2022; Ref: scu.600956
[2017] UKFTT 835 (TC)
England and Wales
Updated: 02 April 2022; Ref: scu.600962
[2017] UKFTT 788 (TC)
England and Wales
Updated: 02 April 2022; Ref: scu.600967
[2017] UKFTT 854 (TC)
England and Wales
Updated: 02 April 2022; Ref: scu.600955
CORPORATION TAX – penalty for failure to file return in time – whether penalty determination valid: held no, as not made by authorised officer of HMRC – alternatively whether appellant had reasonable excuse – held yes.
[2017] UKFTT 830 (TC)
England and Wales
Updated: 02 April 2022; Ref: scu.600960
[2017] UKFTT 796 (TC)
England and Wales
Updated: 02 April 2022; Ref: scu.600964
VAT – Penalty for failure to notify liability to be registered – sch 41 FA 2008 – eBay trader
[2017] UKFTT 815 (TC)
England and Wales
Updated: 02 April 2022; Ref: scu.600959
[2017] UKFTT 822 (TC)
England and Wales
Updated: 02 April 2022; Ref: scu.600966
[2017] UKFTT 841 (TC)
England and Wales
Updated: 02 April 2022; Ref: scu.600976
[2017] UKFTT 855 (TC)
England and Wales
Updated: 02 April 2022; Ref: scu.600961