Test Claimants in the Franked Investment Income GLO v HMRC

August 13 2021

The Supreme Court has given judgment in Test Claimants in the Franked Investment Income Group Litigation v HMRC [2021] UKSC 31.  This is the third judgment given by the Supreme Court in this complex, long-running litigation.  The Supreme Court held, in particular, that: The Claimants’ remedy for claims in respect of unduly levied advance corporation tax which had been set off against...

London Luton BPRA Fund LLP v HMRC

August 05 2021

The Upper Tribunal has ruled on the availability of business premises renovation allowances (“BPRA”) in London Luton BPRA Property Fund LLP v HMRC [2021] UKUT 147 (TCC).  The taxpayer had claimed c£12.5m of BPRA on expenditure incurred under an agreement with a developer which provided for the conversion of a former flight training centre near London Luton Airport into a hotel. ...

Supreme Court Decision on Tinkler v HMRC

August 02 2021

The Supreme Court (Lord Hodge, Lord Briggs, Lady Arden, Lord Burrows, Lady Rose) handed down judgment on Friday 30th July 2021, allowing HMRC’s appeal in relation to whether the Respondent is estopped by convention from denying that HMRC had a valid enquiry when HMRC had sent the notice to the wrong address and the Respondent’s accountants had interacted with HMRC on the basis that an enquiry...

Bulk of Koza claim dismissed

July 28 2021

On 28 July 2021, Trower J handed down the latest judgment in the long-running Koza litigation. The case, which started in 2016, has already taken three trips to the Court of Appeal and one to the Supreme Court, and has generated important judgments on jurisdiction ([2019] 1 WLR 4830), interim injunctions ([2021] 1 WLR 170),  abuse of process (ibid), and the circumstances in which a company can...