Tax Aware Issue 6 I July 2018

Tax Aware

Issue 6
4305Innovation in the Tax System

Innovation in the Tax System

Publications from the Office for Tax Simplification ("OTS") often lead to changes in UK tax law... The recent Business Lifecycle Report looks at key events in the lifecycle of a business and considers the 'complex patchwork' of tax charges and reliefs that occur at different stages in a business's life.

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4307Pimlico Plumbers Ltd v Smith

Pimlico Plumbers Ltd v Smith

The Supreme Court in Pimlico Plumbers Ltd v Smith [2018] UKSC 29 held that a heating engineer whose contract described him as self-employed was actually a 'worker' which entitled him to certain rights of an employee.

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4309New rules aim to catch professionals and traders moving profits out of the UK

New rules aim to catch professionals and traders moving profits out of the UK

Under a recent consultation, the government has set out its proposals for new legislation to tackle tax avoidance arrangements where UK traders and professionals use offshore structures to place profits outside the scope of UK taxation.

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4311SDLT: Supreme Court confirms effectiveness of HMRC's tools to defeat "schemes"

SDLT: Supreme Court confirms effectiveness of HMRC's tools to defeat "schemes"

The Supreme Court judgement in Project Blue has been eagerly awaited. Whilst the detail of the case is largely of historic interest, it has provided guidance on the scope of the broad SDLT anti-avoidance rule in section 75A Finance Act 2003.

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4313The decision in Robert Ames v The Commissioners for HMRC [2018] UKUT 0190 (TCC)

The decision in Robert Ames v The Commissioners for HMRC [2018] UKUT 0190 (TCC)

The Enterprise Investment Scheme ("EIS") is a government-approved scheme designed to encourage investment in start-up and early stage UK companies.

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4315Employee Share Plans – What are the Options?

Employee Share Plans – What are the Options?

Faced with the prospect of Enterprise Management Incentive ("EMI") plans not being approved by the European Commission, for a period of around one month, many of our clients were concerned with how they would be able to incentivise their key people through tax efficient equity plans.

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4317Kyte – how to treat HMRC assurances that fall short of a contractual agreement

Kyte – how to treat HMRC assurances that fall short of a contractual agreement

Taxpayers may settle tax disputes with HMRC by way of contractual agreement and the normal rules of contract law govern whether a binding agreement has been reached. However, the High Court's judgment in Kyte v HMRC [2018] EWHC 1147 (Ch) is a reminder that even when a taxpayer believes a dispute with HMRC has been settled, issues can sometimes still arise.

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