Tax Cases

Introduction

Part 1 – Income tax

1. Income tax relief for investment losses

2. Property was not acquired with intention to trade

3. One-off transaction was not a trading venture

4. Damaged assets: work classed as capital

5. Damaged assets: work classed as revenue

6. Duality of purpose and trading expenses

7. The cash equivalent of in-house benefits in kind

8. Deductions from employment income

9. Partnership income: member or employee

10. Family companies and the settlements legislation

11. Seed EIS minimum investment level

12. Losses: trading on a commercial basis

13. Loss relief for farming businesses

Part 2 – Capital gains tax

1. PRR and the period of ownership

2. PRR and a short period of occupation

3. Incorporation relief and property letting

4. BADR on land sold separately to business

5. BADR: disposal was part of the business

6. BADR on company shares

7. CGT rollover relief

8. EIS CGT disposal relief

Part 3 – Corporation tax

1. Void company purchase of own shares

2. Benefit to the company trade requirement

3. HMRC determination following poor record keeping

4. Corporate residence

Part 4 – Employment status and IR35

1. Employment status: “contract for services or “contract of service”?

2. IR35: mutuality of obligation

3. IR35: control lay with engager

4. IR35: control lay with service provider

Part 5 – Inheritance tax

1. BPR applied to caravan site

2. BPR denied for holiday letting business

3. APR and BPR claim successful

4. APR on a house and barn

Part 6 – VAT

1. Zero rate VAT: penalty and reasonable excuse

2. Transfer of a going concern

Part 7 – Tax administration

1. Estoppel by convention

2. Reasonable excuse and late filing

3. HMRC’s discretionary powers

4. Failed tax scheme: follower notices

5. Discovery assessments: validity and staleness