Tax and the City review for October 2020

The Upper Tribunal confirms in McCabe that arguments made by HMRC as part of the MAP process do not have to be disclosed by HMRC to the taxpayer in the context of domestic proceedings. HMRC statistics show corporation tax receipts in 2019/20 increased largely driven by the change in instalment payment deadlines for very large companies but that corporation tax liabilities from the finance and insurance sector for 2018/19 show a decrease of 11%. The FTT reconfirms its decision of ten years earlier that the offshore VAT-saving scheme used in Newey is not an abuse of law. ESMA recommends legislative change to enable National Competent Authorities to share information with tax authorities on abusive schemes and recognises that dividend arbitrage cum/ex cum/cum and withholding tax reclaim schemes are primarily a tax related issue to be addressed at the level of individual Member States in preference to increasing...