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09 August 2018 / Peter Vaines
Issue: 7805 / Categories: Features , Tax
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Taxing matters

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Peter Vaines , tax guru & part-time bard, tackles the latest cases hitting the tax headlines, from over-reliance on residence to unlikely costs awards

  • Interest paid by a UK company under a foreign loan facility is nonetheless UK source.
  • The conundrum presented by the tax motive tests.
  • Letting property can represent a business qualifying for business property relief, being more than the mere holding of an investment.
  • Costs awarded at the First-tier Tribunal due to one of the parties acting unreasonably in the proceedings.

The Court of Appeal has now published its decision in Ardmore Construction Ltd v Revenue and Customs Commissioners [2018] EWCA Civ 1438, [2018] All ER (D) 143 (Jun) which was concerned with the meaning of UK source income—and therefore whether interest paid by the company was subject to deduction of tax at source.

There are some really difficult issues here, but the decisions of the Upper Tribunal and Court of Appeal (which upheld the decision of the Upper Tribunal) do not make it very easy to find the answer.

There

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

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Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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