CASES

In The Core (Swindon) v HMRC [2018] UKFTT 741 (17 December 2018), the FTT found that products sold as part of a ‘juice cleanse programme’ (JCP) were not beverages and therefore fell within the food exemption (VATA 1994 Sch 8 Group 1). The Core is a...

In J Huntley v HMRC [2018] UKFTT 760 (20 December 2018), the FTT found that the filing of self-assessment returns cannot displace discovery assessments. Mr Huntley ran a shop but he did not file tax returns for several years. HMRC eventually caught...

The following is a list of cases reported in Tax Journal for 2018.

Case of the year Prudential: end of the road for compound interest In Prudential Assurance Company v HMRC [2018] UKSC 39 (25 July), the Supreme Court found that Prudential was not entitled to compound interest on advance corporation tax (ACT)...

Our pick of this week's cases In The First De Sales Limited Partnership and others v HMRC [2018] UKUT 396 (27 November 2018), the UT found that an appeal relating to the implementation of a tax avoidance scheme should be struck out. Each of the...

In HMRC v Smith & Nephew Overseas and others [2018] UKUT 393 (29 November 2018), the UT found that exchange losses (FA 1996 s 84(1)(a)) were allowable. Following a change in its functional currency from sterling to US dollars, as the result of a...

In A Mackay v HMRC [2018] UKUT 378 (22 November 2018), the UT found that the taxpayer had been ordinarily resident for the purpose of ITEPA 2003 s 26. Mr Mackay was born and brought up in Australia. He married in the UK and lived there for five...

In G Clark v HMRC [2018] UKUT 397 (26 November 2018), the UT found that the taxpayer had made unauthorised payments out of a pension scheme (FA 2004 s 208). Mr Clark is a retired businessman, having retired from full-time work in 2000. His pension...

In J & B Hopkins v HMRC [2018] UKUT 382 (23 November 2018), the UT found that J&B could not recover VAT it had mistakenly not charged from HMRC. HMRC assessed J&B at the standard rate on supplies made by J&B to Rok Building Ltd, which had mistakenly...

Stale discovery