Entries by Harriet Thacker

Annual Tax on Enveloped Dwellings (ATED)

The Annual Tax on Enveloped Dwellings (ATED) is a tax payable by companies that own high value residential property (a ‘dwelling’). It came into effect from 1 April 2013 and will be payable each year. The deadline for filing the return for any properties owned on 6 April 2013 is 1 October 2013. You’ll need […]

Professional Negligence and Tax Planning?

Hossein Mehjoo v Harben Barker: Professional Negligence and Tax Planning? The recently reported High Court case of Mehjoo v Harben Barker has attracted a lot of attention both in the media and amongst accountants, as it regards specialist tax advice. Some reports are saying that the High Court requires accountants to advise on complex tax […]

Basic principles of agreeing a settlement of tax enquiries

In 2007, HMRC published the litigation and settlement strategy (LSS), which was revised in July 2011 following some key cases. The LSS sets out the principles and standards which HMRC should apply when settling disputes with taxpayers. The general principles include: 1. Each dispute should be settled on its own merit. There should be no […]

HMRC Enquiry Settlements: some flexibility is allowed

The High Court held that HMRC’s decision to reach a settlement with Goldman Sachs in relation to outstanding national insurance contributions (NICs) and interest thereon was not unlawful, as had been challenged through Judicial Review. This is a welcome decision as, if the decision had been different, it would have set a precedent that could […]

GAAR: General Anti-Abuse Rule (Tax) – 17 July 2013

The general anti-abuse rule, or GAAR, came into force on 17 July 2013 as the Finance Act 2013 received Royal Assent. The GAAR applies to abusive tax arrangements that do not pass what has become known as ‘the double reasonableness test’ having regard to all the circumstances, including the principles on which the legislation was […]

Tax Avoidance Scheme Promoters: Government Closes In

Users of failed tax avoidance schemes will face penalties, and government will clamp down on high-risk promoters under proposals put forward in a newly launched consultation (see the Government announcement here this week – https://www.gov.uk/government/news/government-closes-in-on-high-risk-tax-avoidance-scheme-promoters This consultation will focus on two main issues: i) tackling the behaviour of high-risk promoters of avoidance schemes, and ii) […]