Mark McLaughlin Associates

In this edition of Practice Update: 1. Private residence relief – The occupation, permanence and continuity requirements. 2. Share loss relief – Satisfying the conditions for income tax relief. 3. HMRC enquiries – The presumption of continuity (or ‘spreading’). 4. HMRC: ‘Time to Pay’ – Is HMRC getting tougher? Recent guidance suggests not. Download version [...]

In this edition of Practice Update: 1. Penalties and costs – The taxpayer fights back. 2. Ownership and tax issues – HMRC guidance on constructive and resulting trusts. 3. Private residence relief – Married couples ‘living together’ for CGT purposes. 4. Loan relationships – When is a loan not a loan? Download version (pdf): Download

In this edition of Practice Update: 1. Assessments and appeals – What can taxpayers appeal against? 2. HMRC information notices – Taxpayers may need to provide more information than they hold. 3. Errors and discovery – Why sending additional information may not be enough. 4. Legitimate expectation – Can taxpayers rely on consistency of treatment [...]

In this edition of Practice Update: 1. HMRC and agents – Can HMRC refuse to work with agents? 2. Beneficial ownership – Whose capital gain is it? 3. Intangible fixed assets – Goodwill transfers and related parties. 4. HMRC Enquiries – Seeking closure of an enquiry.  Download version (pdf): Download

In this edition of Practice Update: 1. The Agency ‘trap’ – When the agency rules can apply. 2. Jointly held property – How income is treated for tax purposes. 3. Associated companies – Applying the new rules. 4. IR35: The saga continues – A recent victory for the taxpayer. Download version (pdf): Download

In this edition of Practice Update: 1. Close Investment Holding Companies (CIHCs) – Identifying one can be difficult. 2. Property trading or investing? – A recent tax case on the distinction. 3. Directors’ loan accounts – Watch out for NIC on loan waivers. 4. Home to work travel – A successful claim by a self-employed [...]

In this edition of Practice Update: 1. Income v Capital – The ‘trading’ distinction and its importance for tax purposes. 2. Loans to Traders – Claiming capital loss relief for loans and guarantee payments. 3. HMRC Guidance – Can it be relied upon? 4. ESC C16 - The future of the Concession does not look [...]

In this edition of Practice Update: 1. What is a Partnership? – What is the difference between a partnership and a joint venture? 2. HMRC Enquiries – A recent case offers some comfort for small and cash based businesses.   3. More Gift Aid Problems – Two tribunal cases highlight some restrictions on Gift Aid claims. [...]

In this edition of Practice Update: 1. Loans to participators – Watch out for close company loans to partnerships. 2. Overpayment relief – The new ‘error or mistake’ relief. 3. NIC on dividends – The effect of the decision in the recent P A Holdings case. 4. Business clearances – An insight into non-statutory business [...]

In this edition of Practice Update: 1. Property businesses – repairs – a recent tax case offers guidance on the capital/revenue distinction. 2. Personal allowances and gift aid – take care when making gift aid carry back claims. 3. Extra-statutory concessions – watch out for disappearing ESCs. Is ESC C16 next? 4. Penalties: offshore income [...]