TAX POLICY ADMINISTRATION

HMRC has published draft guidance in appendices to the Capital Gains Manual on the extended non-resident capital gains rules from April 2019.

HMRC has added new spotlight 46 to the list of tax avoidance schemes it is investigating, concerning two recent GAAR advisory panel opinions on remunerating employees through contrived loan arrangements.

Second reading and the remaining House of Lords stages of the Finance Bill are scheduled for Monday 4 February.

The Lords version of the Bill received its first reading on 9 January and has been published. This now contains, in effect, the final text of Finance Act 2019.

HMRC has published the following:

Our pick of this week's cases   In W Resources plc v HMRC [2018] UKFTT 746 (18 December 2018), the FTT found that a parent company which had provided management services to two newly acquired subsidiaries, under the condition that they would not...

In J Charman v HMRC [2018] UKFTT 765 (20 December 2018), the FTT found that a founder’s fee of $2.5m, paid to the taxpayer in February 2013, was subject to UK tax on the basis that he was still resident in the UK at that date, even though he had...

In S May and others v HMRC [2019] UKFTT 32 (10 January 2019), the FTT found that a grain storage facility qualified for capital allowances (CAA 2001). Mr May carried on a business of grain production for sale to local farms and feed mills. He had...

In J Dickinson and others v HMRC [2018] EWCA Civ 2798 (18 December 2018), the Court of Appeal upheld the High Court’s decision not to grant judicial review of APNs (FA 2014 s 219) issued by HMRC, despite an earlier promise not to enforce payment...

In K Tutty v HMRC [2019] UKFTT 3 (31 December 2018), the FTT found that a discovery made following the use of an electronic standard information package (‘E-SIP’) was not stale. Ms Tutty had implemented arrangements to avoid SDLT and HMRC had issued...