Mark McLaughlin Associates

Taxpayers can be required to provide HM Revenue and Customs (HMRC) with certain information and/or documents, if HMRC issues a written notice to that effect (FA 2008, Sch 36, para 1; previously TMA 1970 s 20(1)). The question arises: what information and documents are considered to be within the taxpayer’s remit to provide? Reasonably required [...]

It is normally straightforward to tell when HM Revenue and Customs (HMRC) have raised an assessment in respect of a taxpayer. However, what constitutes an ‘assessment’? This is an important question because assessments are generally subject to a right of appeal. But is there a right of appeal against an HMRC tax calculation notice? Right [...]

When a HMRC enquiry notice into a tax return arrives, it is perhaps natural to anticipate a long, drawn out process to completion. This is particularly the case with full (as opposed to aspect) enquiries. However, an enquiry does not need to be unduly protracted. The taxpayer (or his agent) can apply to the tribunal [...]

HMRC caused a stir on 31 May 2011, with the issue of the consultation document ‘Establishing the future relationship between the tax agent community and HMRC’. HMRC’s proposed strategy includes “providing additional support to agents whose standards are below those expected in the professional community.” The document requests comments on appropriate actions by HMRC to [...]

An important potential advantage of trading through a limited company (as opposed to a partnership or sole trader) is the availability of tax relief for the amortisation of goodwill under the intangible fixed asset legislation (CTA 2009, Part 8), where certain conditions are satisfied. The intangible fixed asset rules were originally introduced in Finance Act [...]

It ought to be straightforward enough to identify who has made a disposal for Capital Gains Tax (CGT) purposes. Of courses, tax is seldom black and white. The tax legislation offers little help. It simply states: “Tax shall be charged… in respect of capital gains, that is to say chargeable gains… accruing to a person [...]

Hopes were raised that the Government would take the opportunity in the Budget on 23 March 2011 to abolish IR35 – the intermediaries legislation variously described as the ‘personal service company’ or ‘disguised remuneration’ rules. New and improved? Unfortunately, the Government did not dispense with IR35. The reason given for retaining the legislation was as [...]

The ‘associated company’ rules are changing in Finance Act 2011. The rules are essentially an anti-avoidance measure, to prevent the creation of multiple, closely controlled companies to split a wider economic whole and take advantage of the small companies’ corporation tax rate. That rate reduced to 20% from 1 April 2011, but the main rate [...]

The tax legislation includes specific rules on income from assets held jointly by spouses (or civil partners) who live together. The rules provide a potential tax planning opportunity for spouses who are liable to income tax at different rates. The broad effect of the legislation (in ITA 2007, s 836) is that income from jointly [...]

The IR35 rules on services provided through intermediaries is well known to many taxpayers and tax advisers. The most common scenario is probably the ‘personal service company’. However, there is potentially an additional line of HMRC challenge to IR35, which is rather less well known. This is the ‘agency workers’ legislation (ITEPA 2003, ss 44-47). [...]