Archive for the 'taxation' Category

Schröder v Finanzamt Hameln – WLR Daily

Schröder v Finanzamt Hameln (Case C-450/09); [2011] WLR (D) 121

“National legislation which allowed a resident taxpayer to deduct the annuities paid to a relative who had transferred immovable property to him, from the rental income derived from that property, but did not grant such a deduction to a non-resident taxpayer, was contrary to article 63FEU of the FEU Treaty in so far as the undertaking to pay those annuities resulted from the transfer of that property.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Pitt and another v Holt and another; Futter and another v Futter and Others – WLR Daily

“Where trustees, acting within their powers, carried out a transaction which was said to be vitiated by breach of trust on the ground that the trustees failed to have regard to a relevant matter, and where the reason that they did not have regard to it was that they had obtained and acted on advice from apparently competent advisers which turned out to be incorrect, then the charge of breach of trust could not be made out and the transaction was not voidable.”
WLR Daily, 10th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Legal Services Act: the debate heats up – The Lawyer

“Last month (24 January) The Lawyer highlighted an accelerating trend that may well turn out to be one of the defining developments in this year of full Legal Services Act (LSA) implementation. An increasing number of firms are looking at introducing corporate vehicles into their partnerships.”

Full story

The Lawyer, 7th February 2011

Source: www.thelawyer.com

Regina (Valentines Homes & Construction Ltd) v Revenue and Customs Commissioners – WLR Daily

Regina (Valentines Homes & Construction Ltd) v Revenue and Customs Commissioners [2010] EWCA Civ 345; [2010] WLR (D) 92

“There was a public interest in issues such as the status, relevance and application of policy documents of general application emerging from the Revenue and Customs Commissioners, or any government department, being resolved in the Administrative Court, since it was the court with expertise in that area.”

WLR Daily, 7th April 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Death tax law ruled out next parliament – The Guardian

“Andy Burnham, the health secretary, will today rule out legislation in the next parliament to impose a death tax to pay for social care for the elderly, but will promise new laws to cap the cost of residential costs after two years in a home.”

Full story

The Guardian, 30th March 2010

Source: www.guardian.co.uk

Revenue and Customs Commissioners v Kearney – WLR Daily

Revenue and Customs Commissioners v Kearney [2010] EWCA Civ 288; [2010] WLR (D) 89

“To obtain an extension of time to pay Class 3 national insurance contributions a taxpayer had to show that his failure to make the payments on time was due to ignorance not caused by his own lack of care and diligence. All relevant circumstances were factors to be balanced together to assess or evaluate on a case-by-case basis whether due care and diligence had been exercised, and if not, whether that failure had been the cause of the contributor’s ignorance of his obligation to pay the contributions.”

WLR Daily, 24th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Taxation (International and Other Provisions) Act 2010

Taxation (International and Other Provisions) Act 2010

Full text of Act (PDF)

Source: www.opsi.gov.uk

R (Davies and another) v Revenue and Customs Commissioners; R (Gaines-Cooper) v Same – WLR Daily

R (Davies and another) v Revenue and Customs Commissioners; R (Gaines-Cooper) v Same [2010] EWCA Civ 83; [2010] WLR (D) 45

“The revenue had not been shown, in considering cases founded upon asserted non-resident status, to have altered its interpretation or application of relevant guidance material.”

WLR Daily, 18th February 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

New rules could force Britain’s tax exiles to pay up – The Guardian

“The government is unleashing a tough crackdown on Britain’s super-rich tax exiles in a move that will increase the pressure on dozens of the country’s wealthiest business figures and celebrities.”

Full story

The Guardian, 17th February 2010

Source: www.guardian.co.uk

Tories evasive over Ashcroft tax status, says watchdog – The Guardian

“The Conservative leadership is today accused of being ‘evasive and obfuscatory’ over the tax status of Lord Ashcroft, the party’s deputy chairman and biggest donor, in a ruling by the information commissioner that sharply criticises the secrecy over where he is resident for tax purposes.”

Full story

The Guardian, 1st February 2010

Source: www.guardian.co.uk

Peers to be forced by law to pay taxes in the UK – or quit Parliament by Autumn – Daily Telegraph

“All peers will have to relinquish their ‘non-domiciled’ tax status and become UK taxpayers if they want to remain in Parliament, under a new Government law.”

Full story

Daily Telegraph, 27th January 2010

Source: www.telegraph.co.uk

Broadband tax ‘to be made law’ – BBC News

“A controversial broadband tax ‘will be law before the next election’, according to Minister for Digital Britain Stephen Timms.”

Full story

BBC News, 23rd September 2009

Source: www.bbc.co.uk

More banks told ‘reveal accounts’ – BBC News

“More than 300 UK and foreign banks have been told to hand over details of UK taxpayers who have accounts offshore.”

Full story

BBC News, 13th August 2009

Source: www.bbc.co.uk

Finance Act 2009

Finance Act 2009 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Regina (Oriel Support Ltd) v Commissioners for Revenue and Customs – Times Law Reports

Regina (Oriel Support Ltd) v Commissioners for Revenue and Customs

Court of Appeal

“An outsourcing company responsible for calculating and paying the wages of workers employed by a labour provider to work for other businesses was not entitled to use its own employer reference when accounting for the tax on the workers’ wages because it was not the workers’ employer.”

The Times, 25th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Law Soc calls for tax exemption for smaller firms – Legal Week

“The Law Society has urged HM Revenue & Customs (HMRC) to consider suspending the practice of taxing law firms before they have been paid for their services for the remainder of the recession.”

Full story

Legal Week, 17th March 2009

Source: www.legalweek.com

Stepfather of David Cameron’s wife seeks to challenge sleaze legislation – Daily Telegraph

“Lord Astor, the stepfather of David Cameron’s wife, is seeking to block legislation which would force peers to pay tax in the UK or resign from the House of Lords.”

Full story

Daily Telegraph, 22nd February 2009

Source: www.telegraph.co.uk

Barristers make £75m in five years from tax and fraud cases – The Guardian

“Lawyers prosecuting tax and customs fraud and illegal drug cartels have made more than £75m in fees over the past five years, according to Revenue and Customs Prosecutions Office figures.”

Full story

The Guardian, 17th November 2008

Source: www.guardian.co.uk

Britain ‘should be ashamed of art gift law’ – The Times

“Britain should be ‘shamed’ into revising laws that make it easier for American collectors to donate art to our museums and galleries than Britons, the director of the British Museum says today.”

Full story

The Times, 15th November 2008

Source: www.timesonline.co.uk

Finance Act 2008

Finance Act 2008 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

MPs prepare for battle over 10p tax losers and costlier cars – The Times

“Reforms of income tax and vehicle tax will come under further scrutiny this week, to the embarrassment of the Government, as backbenchers and opposition MPs push for significant amendments.”

Full story

The Times, 30th June 2008

Source: www.timesonline.co.uk

Bill that could bar Ashcroft from Lords likely to fail – The Guardian

“A backbench parliamentary bill that could have excluded the multimillionaire Tory donor Lord Ashcroft from the Lords is likely to fail after Labour and the Tories joined forces to reject the measure.”

Full story

The Guardian, 17th March 2008

Source: www.guardian.co.uk

Legal community slams Budget’s non-doms policy – The Lawyer

“The Chancellor Alistair Darling has pushed ahead with plans to hit non-domiciled residents with a £30,000 annual tax, with the levy kicking in once they have lived in the UK for seven years.”

Full story

The Lawyer, 12th March 2008

Source: www.thelawyer.com

Revenue paid up to £100,000 for details of secret bank accounts in Liechtenstein – The Guardian

“Britain’s tax authorities have paid up to £100,000 to an informant for details of secret bank accounts held by wealthy Britons and overseas residents using one of the world’s most notorious tax havens, Liechtenstein.”

Full story

The Guardian, 25th February 2008

Source: www.guardian.co.uk

Migrants must pay a tax to enter UK – Daily Telegraph

“Foreigners coming to Britain are to face a new ‘immigrant tax’ under Government plans to try to make them help pay for the schools and hospitals they use, ministers are to announce.”

Full story

Daily Telegraph, 20th February 2008

Source: www.telegraph.co.uk

Great art ‘will be forced abroad by tax law’ – The Times

“The British public will miss out on seeing some of the greatest works of art in the world because of the Government’s tax plans for nondomiciled foreigners, the director of the Tate said yesterday.”

Full story

The Times, 9th February 2008

Source: www.timesonline.co.uk

Revenue and Customs Commissioners v Trustees of the Peter Clay Discretionary Trust – WLR Daily

Revenue and Customs Commissioners v Trustees of the Peter Clay Discretionary Trust [2007] EWHC 2661 (Ch)

“Expenses incurred by trustees of a discretionary trust for the benefit of both capital and income beneficiaries were properly chargeable to capital.”

WLR Daily, 16th November 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Bill could ban tax exiles from House of Lords – The Guardian

“A forthcoming constitutional reform bill could include measures to stop tax exiles from sitting in the House of Lords, the cabinet secretary said yesterday amid further questions about the tax status of the millionaire Tory donor Lord Ashcroft.”

Full story

The Guardian, 16th November 2007

Source: www.guardian.co.uk

Court says taxpayers can sue Revenue for errors – The Times

“Businesses or individuals who have lost out because of serious errors at Revenue and Customs will be able to sue for damages following a landmark legal victory yesterday.”

Full story

The Times, 25th October 2007

Source: www.timesonline.co.uk

Tax guide printed in small print – BBC News

“An authoritative guide to UK tax law has been published in smaller print to try to keep its growth under control.”

Full story

BBC News, 6th September 2007

Source: www.bbc.co.uk

Ministers consider higher taxes to curb youth drinking problem – The Independent

“Celebrity booze culture came under fire from the Government yesterday as a Home Office minister gave the clearest signal yet that tax on alcohol will be raised to curb drinking problems among young people.”

Full story

The Independent, 16th August 2007

Source: www.independent.co.uk

Family businesses to lose out in tax review – The Times

“Hundreds of thousands of small businesses and family partnerships will be forced to pay more tax under reforms proposed by the Government today.”

Full story

The Times, 26th July 2007

Source: www.timesonline.co.uk  

Finance Act 2007

Finance Act 2007 published

Full text of Act

Source: www.opsi.gov.uk


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