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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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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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