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Fish and Chip Shop Chain Triumphs in Cash Sales Suppression Tax Appeal

HM Revenue and Customs (HMRC) are always on the alert to spot businesses that suppress their cash takings with a view to avoiding tax. However, as a tax tribunal ruling concerning an insolvent fish and chip shop chain showed , suspicions of deliberate...

VAT on Hospital Car Parking and Distortion of Competition - Test Case Ruling

Should NHS trusts be permitted to provide VAT-free parking to patients, staff and visitors, or would that amount to an impermissible distortion of competition? With around £70 million in tax at stake, the Upper Tribunal (UT) has decisively answered...

Mega Marshmallows VAT Ruling Leaves HMRC with Bitter Taste

Should jumbo, American-style marshmallows, usually used for roasting over an open fire, be classified as confectionary? By answering 'no' to that question, a tribunal left HM Revenue and Customs (HMRC) with a bitter taste in its mouth . The case concerned...

Restaurant That Suppressed Cash Sales Hit With Tax and Penalty Demands

Those involved in the hospitality or retail trade who suppress their cash takings with a view to avoiding tax must live in fear that the next person to walk through the door will be a tax inspector. As a case concerning a takeaway restaurant showed , such...

MTIC Fraud - Tax Tribunal Relieves Export Company of £10 Million VAT Bills

International trading companies are expected to carry out careful due diligence on their clients and suppliers to ensure that they avoid unwitting involvement in tax fraud. However, in relieving a long-established business of multi-million-pound VAT...

Business Difficulties? It's Unwise to Pay Your Other Creditors Before HMRC

When companies experience cashflow difficulties, stressed directors all too often prioritise trade and other creditors over HM Revenue and Customs (HMRC). As a tax tribunal ruling showed, however, such a course is almost never wise and is highly likely to...

Company Penalised for Filing Tax Returns 'Too Early' Wins Appeal

No one would be surprised to hear that late filing of a tax return is likely to result in a financial penalty – but what if a return is submitted too early? In addressing that novel issue, the First-tier Tribunal (FTT) identified flaws in guidance...

Alcohol Wholesaler Succeeds in 'Fit and Proper Person' Appeal

Businesses that operate in highly regulated fields can be permanently shut down at the stroke of an official pen. However, as a case concerning the wholesale liquor trade made plain , the law requires that such decisions are reasonable. The case involved a...

EIS Tax Relief - Small Film Company Wins the Day

Those who put their money into nascent businesses can in certain circumstances claim tax credit under the Enterprise Investment Scheme (EIS). However, as one case showed, in order to qualify for such relief, investors must place their capital at genuine risk...

Selling Your Business? The Structure of the Transaction Really Matters

When selling your business, the structure of the transaction matters enormously and should always be the subject of professional advice. In a case on point, two women who sold their company for a seven-figure sum ended up with Capital Gains Tax (CGT) demands...
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