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CASES

Each week we report the tax cases that matter. Tax Journal subscribers have unrestricted access to the full archive, covering hundreds of cases.

Belgian excess profits scheme is unlawful state aid: In Belgium v Commission (Case T-131/16) (20 September 2023), the General Court held that the European Commission was correct to rule that a scheme which exempted excess profits by Belgian...
Non-residential rates of SDLT did not apply to transactions involving a reservation agreement.
Deliberate penalties not due on s 455 charge.
Changes to terms of essay writing service did not change VAT result.
FTT refuses indemnity costs and orders detailed assessment of costs.
SDLT, whether property suitable as a dwelling: Henderson Acquisitions Ltd v HMRC [2023] UKFTT 739 (TC) (31 August 2023) is another case on whether a property is suitable for use as a dwelling. The FTT dismissed the appeal against HMRC's refusal of a...
Can HMRC rely on a principle of EU law to cancel a VAT registration? 
Payments in lieu of penalties are non-deductible.
EBTs and penalties for inaccuracies in returns: Delphi Derivatives Ltd v HMRC [2023] UKFTT 722 (TC) (18 August) is the second decision on the Clavis Herald avoidance scheme in recent weeks. The scheme involved an EBT but its structure was...
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