Tax Bites - August 2021

Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.

As always, if there are any areas on which you would like more information (or if you have any questions or feedback), please let us know or get in touch with your usual RPC contact.

News

HMRC produce new guidance for seeking statutory clearance

HMRC has shared a new statutory clearance checklist with the Chartered Institute of Taxation that sets out in some detail what should be included in applications  for  statutory  clearance. Read more 

HMRC to resume tax debt collection from September 2021

HMRC has confirmed in a policy paper that it will be resuming its debt collection work from September 2021. Read more

HMRC publishes updated guidance on claiming extended carry-back loss relief

HMRC has published guidance in a policy paper on extended carry-back loss relief claims. Read more 

OECD Framework for international tax reform

HM Treasury has published a press release confirming that at the July 2021 G20 Finance Ministers and Central Bank Governors meeting in Venice, the G20 Finance Ministers endorsed the statement agreed by 132 members of the OECD/G20 Inclusive Framework on a two-pillar plan to reform international tax rules.  Read more 

HMRC publishes new guidance on its compliance approach to large businesses

HMRC has updated its guidance on its compliance approach for large businesses. Read more 

Case reports

Perring – Burden of proof for establishing that documents are 'reasonably required' in taxpayer information notice appeal is on HMRC

In Perring v HMRC [2021] UKFTT 110, the First-tier Tribunal (FTT) held that the burden of proof for establishing that documents are 'reasonably required', for the purposes of a taxpayer notice issued under paragraph 1, Schedule 36, Finance Act 2008, lies with HMRC. Read more 

Golamreza – HMRC assessments and the burden of proof

In Golamreza Qolaminejite (aka A Cooper) v HMRC [2021] UKUT 118 (TCC), the Upper Tribunal (UT) allowed the taxpayer's appeal in part on the basis that the FTT had erred in law in failing to take all of the taxpayer's case into account in arriving at its decision. Read more

Siddiqui - No proper ground for setting aside summons in private prosecution

In R (on the application of Siddiqui and another) v Westminster Magistrates' Court [2021] EWHC 1648 (Admin), the Administrative Court held, on an application for judicial review, that there was no proper ground for a summons in a private prosecution to be set aside in circumstances where a settlement agreement, purporting to settle "all claims" between the parties, had not been disclosed. Read more 

And finally...
With financial pressure mounting on the Government, and with an additional 1000 new fraud investigators announced in the last budget, many expect the number of HMRC dawn raids to increase considerably. In an adrenaline fuelled and extremely stressful dawn raid scenario, you need to understand your rights, the process and how to ensure you take the right action on the day.

Have a listen to our podcast on the subject here.