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ACCA Homepage < ACCA UK < UK members < Technical Advisory < Technical advice and support < Tax < Tax cases
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Tax Administration and Key Principles

  • R (oao Prudential plc) v Special Commissioner (and related applications)
  • Tax investigations, whether legal and professional privilege could be claimed in respect of certain documentation requested by HMRC during the course of an inquiry
  • Out-of-time claims
  • [29/06/2012] HMRC has released comments following a recent European Court of Justice (ECJ) case regarding out of time claims.
  • Cenlon Finance Company Ltd v Ellwood
  • Whether the previous agreement of an appeal by the Inland Revenue precludes them from raising a subsequent discovery assessment.
  • W.T. Ramsay v CIR
  • Artificial series of steps inserted purely for the avoidance of tax. This is a key case and, together with the case of Furniss v Dawson is a mainstay of HMRC in tackling artificial tax avoidance schemes on the basis of substance over form.
  • SDLT and Property – A cautionary tale.
  • [02/07/2012] A cautionary case regarding the apportionment of property and chattels when purchasing a property.
  • Furniss v Dawson
  • Artificial series of steps inserted purely for the avoidance of tax; consolidated the Ramsay principle established in the case of W.T. Ramsay v CIR
  • Ferriby Construction (UK) Ltd v Revenue & Customs [2007] UKSPC SPC00635
  • This is an interesting and important case, which highlights the importance of proper record-keeping.
  • MONRO v HMRC, CA 2008, TL 3809; [2008] STC 1815; [2008] EWCA Civ 306
  • Error or mistake claim; refusal of claim where HMRC’s guidance at the time the return was prepared was subsequently found to be incorrect
  • Veltema v Langham, CA 2004, 76 TC 259; [2004] STC 544; [2004] EWCA Civ 193
  • Discovery assessment; whether HMRC permitted to issue one; tax return submitted with valuation subsequently found to be incorrect
  • Scorer v Olin Energy Systems Ltd
  • Whether the previous agreement computations by the Inland Revenue precludes them from raising a subsequent discovery assessment.
  • GD Cairns (VDE Webb's Personal Representative) v HMRC
  • Inadequate valuation of property on IHT return; HMRC issued a penalty summons for negligence; validity of summons.
  • Charlton and Others v HMRC [2011] UKFTT 467 (TC)
  • Capital gains tax; whether sub-section 29(1) TMA 1970 permitted a discovery assessment to be made when no new facts or changed view of the law had emerged.
  • HMRC v Landsdowne Partners Ltd Partnership [2010] EWHC 2582 (Ch)
  • Whether a discovery assessment was valid after HMRC discovered that they had incorrectly deducted certain expenses.
  • Walton v R & C Commrs; [2009] TC 00273
  • Amendments to Self Assessment return by HMRC; whether taxpayer had discharged burden of proving incorrect assessments.
  • HMRC v Khawaja
  • Level and quality of proof required by HMRC when levying penalties
  • Mr J R Hanson v The Commissioners of HMRC FTT 314
  • [20/09/2012] The First Tier Tribunal overturns a penalty for a "careless error" where the accountant was found to be to blame.
  • Robertson v CIR
  • IHT Valuation for a property too low; return subsequently corrected and additional IHT paid; HMRC issued penalties.
  • British Transport Commission v Gourley
  • The Gourley Principle - Whether an award for loss of earnings should be paid to the recipient before or after taking into account tax.
  • Cormac Construction Ltd v R & C Commissioners
  • Reasonable excuse; late payment of CIS tax; appeal for retention of gross payment status.
  • Rowland v HMRC
  • Whether reliance on a third party (an accountant) can be regarded as reasonable excuse for penalty/surcharge purposes

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