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05 May 2017 / Peter Vaines
Issue: 7744 / Categories: Features , Tax
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Taxing matters

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Peter Vaines reports on the latest news from the world of tax

  • What is a reasonable excuse for not paying tax on time?
  • If the owner of shares dies before making a claim for income tax relief under s 131 of the Income Tax Act 2007, can the claim be made by his executors?
  • Revisiting the text for employee expenses.
  • What is to become of the Finance Bill?

I am always on the lookout for reasonable excuses (you never know when you might need one) and there have been two conflicting cases decided recently.

In Crossley v HMRC TC 5535 the taxpayer managed to persuade the Tribunal that he had a reasonable excuse for not paying his tax on time because he did not have the money. That was a seriously impressive success because Sch 56(16) of the Finance Act 2009 specifically states: ‘An insufficiency of funds is not a reasonable excuse, unless attributable to events outside the person’s control.’

The facts were interesting—but it just goes to show that the words ‘attributable to events outside the person’s control’ can interpreted very sympathetically

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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