Owner-Managed Businesses

Weekly case highlights ― 20 December 2021

Produced by Tolley
  • 19 Jan 2022 14:01

The following Owner-Managed Businesses guidance note Produced by Tolley provides comprehensive and up to date tax information covering:

  • Weekly case highlights ― 20 December 2021
  • Corporation tax
  • The Applicants in the Post Prudential Closure Notice Applications Group Litigation v HMRC
  • Employment income
  • HMRC v JS and Others
  • VAT
  • Lockheed Martin UK Ltd v HMRC
  • Customs duty
  • Mr John Roger Brooks v HMRC
  • Tax administration
  • More...

Weekly case highlights ― 20 December 2021

These are our brief notes and thoughts on cases published in the last week or so which caught our eye and are likely to be of particular interest to tax practitioners. Full case reports and commentary on most of these cases will be included within our normal reference sources in the coming weeks.

Corporation tax

The Applicants in the Post Prudential Closure Notice Applications Group Litigation v HMRC

The interaction of domestic law with EU law continues to throw up historic issues which are far from being resolved. This latest decision (which if previous cases in this area are anything to go by will certainly lead to further appeals) is largely concerned with the mechanism under which tax paid on portfolio dividends, tax which the Supreme Court had previously found to be in breach of EU law, could be recovered. Essentially, the question was whether or not the taxpayer companies had made the appropriate form of claim within the relevant time limit. This can’t even begin to scratch the surface of the technical analysis which was required: an indication of its complexity is that the decision runs to 230 paragraphs: the paragraph which states the tribunal’s conclusions itself runs to 48 sub-sections. Few people, other than those closely involved in these issues, will want to read the decision in full, and without a detailed knowledge of the prior cases in this area, it will in any event be difficult to follow many of the arguments. But

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