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Draft Finance Bill 2019/20 – Tax Help & Advice Amidst Brexit uncertainty and the Conservative Party leadership contest, the Government has published draft clauses for Finance bill 2019/20. Key measures include: Off-payroll working in the private sector Following consultation that concluded earlier in the year, new legislation will be introduced 
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Stamp duty land tax: anti-avoidance rule may apply even in commercial transactions The First-Tier Tribunal decision in Hannover Leasing v HMRC published in May 2019 is the first substantive stamp duty land tax decision following the Supreme Court’s 2018 ruling in Project Blue. Following the reasoning in Project Blue, the 
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Lessons Learned from The Haworth Case – Are too many Follower Notices Going Unnoticed? HMRC and their powers have been the subject of recent criticism – most notably by the House of Lords sub-committees. The recent case of Haworth has highlighted HMRCs ‘relaxed’ approach to issuing follower notices, overextending their 
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In HMRC v R Tooth [2019] EWCA Civ 826, the Court of Appeal has quashed a HMRC discovery assessment finding that it had gone “stale”. Raymond Tooth, the taxpayer, had appealed against a discovery assessment in relation to his participation in a tax avoidance scheme in 2008/09. Both the First-Tier 
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What is ‘Ordinary Share Capital’? – Types of Ordinary Shares vs. Preference Shares, Premiums & Characteristics. As the poet, William Blake, once said, “hindsight is a wonderful thing, but foresight is better”. This particularly rings true when devising a corporate exit strategy and ensuring the applicability of Entrepreneurs’ Relief (ER) 
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Discovery Assessments and Staleness HMRC have the authority to open a discovery assessment into a taxpayer where HMRC discovers that: (a) Any income or chargeable gains, which should have been assessed to tax, have not been assessed to tax; or, (b) An assessment to tax is or has not been 
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A Trust is a Trust is a Trust…. even if not evidenced in writing… This was the finding of the First Tier Tax Tribunal in the case of Tang v HMRC, 2019 UKFTT 0081 TC Lily Tang was a midwife who worked in the NHS. In 2013 HMRC found out 
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Kaye Adams v HMRC: Tribunal defeat broadcasts HMRC’s problems with IR35 Introduction As has been previously noted on the pages of this ‘blog, the vocabulary employed by HMRC to describe its pursuit of those whom it regards as unfairly dodging their fair share in tax is somewhat muscular. For instance, 
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Transfer of Goodwill: Richard Villar v HMRC Background – transfer of goodwill This case involved an orthopaedic surgeon selling his trading practice ‘Richard Villar Practice’ but continuing to work for the purchaser. He made a claim for Entrepreneurs’ Relief. Virtually all of the proceeds were attributed to the reputation and goodwill 
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Make Me Cry: Cheryl Tweedy’s Alleged Avoidance Scheme Certainly Not in Tune with HMRC Crackdown The tax industry has long since been viewed as one of the professions in which careers are pursued, if not in secrecy, then certainly with the sort of discretion required when dealing with often confidential 
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