This case concerns a dispute between Mark Stewart Wyatt and HMRC regarding income and capital gains tax assessments. The tribunal found that HMRC's assessments were invalid as they attempted to tax the same income twice, once as trading income and once as capital gains. The tribunal decided to strike out the invalid assessments and allow time for the new assessments issued by HMRC to be considered alongside the existing appeal. The tribunal also indicated that HMRC may be subject to a costs order for acting unreasonably in defending the proceedings.

Mark Stewart Wyatt v HMRC [2024] UKFTT 00867 (TC)

This podcast discusses the statements made by the Irish Ministers for Public Expenditure and Finance on Budget 2025. The first statement, made by Paschal Donohoe, highlights key achievements of the current Irish government since 2020 and outlines the planned expenditure for the coming year, focusing on social protection, education, healthcare, and infrastructure. The second statement, made by Jack Chambers, focuses on the economic context, specifically addressing the use of "windfall" revenue from the Court of Justice of the European Union judgement and the disposal of the state's shareholding in AIB. It outlines a strategy to direct these funds toward critical infrastructure investment in housing, water, and electricity, as well as announcing tax changes and other measures aimed at supporting businesses and individuals, particularly those facing cost of living pressures. Both statements convey an optimistic outlook for the future, emphasising the government's commitment to ensuring prosperity for all citizens.

Budget 2025 (Ireland)

This podcast discusses is a First-Tier Tribunal (Tax Chamber) decision relating to an Inheritance Tax case. It details an appeal by Marisa Lincoln, the executrix of the estate of Martin Falzon, who died in 2015, against HMRC's determination that certain foreign properties were subject to inheritance tax. The decision examines the legal framework governing inheritance tax, including domicile, beneficial entitlement, and the definition of “settled property”, in the context of Maltese law and English law. The Tribunal ultimately dismisses the appeal, finding that Martin was deemed domiciled in the UK and that the foreign properties were part of his estate and not excluded property.

Marisa Lincoln As Legal Personal Representative Of Martin Falzon v HMRC [2024] UKFTT 00886 (TC)

This podcast presents the judgment of the First-tier Tribunal (Tax Chamber) in a case involving HMRC and a company in administration, Elite Management Consultancy Limited, along with a second respondent, Adam Bale. The case focuses on HMRC's application to reinstate a previous application for disclosure of certain arrangements under the Finance Act 2004. The second respondent requested disclosure of documents referenced in a witness statement provided by HMRC. The Tribunal addressed both the disclosure application and the format of the hearing for the reinstatement application. The central legal question was whether mentioning documents in a witness statement constituted a waiver of legal professional privilege, thus requiring their disclosure. The Tribunal ultimately decided against ordering disclosure, arguing that simply mentioning the documents in the witness statement did not equate to a waiver of privilege. The Tribunal also determined that the reinstatement application should proceed through a face-to-face hearing via video link due to the witness statement's relevance to the case.

HMRC v Elite Management Consultancy Limited & Anor [2024] UKFTT 905 (TC)

This podcast discusses a complex tax dispute concerning the corporation tax treatment of dividends received by investment funds (the Taxpayers) from their portfolio investments before 2009. The core issue revolves around the differential tax treatment of UK-source versus non-UK-source dividends and whether the pre-2009 tax rules breached EU law. The Taxpayers are appealing decisions regarding their claims for double tax relief (DTR) on non-UK dividends, focusing on the availability and extent of underlying tax relief and the validity of their claims given the evolving understanding of EU law. The document scrutinizes various issues, including the validity of claims made in returns, the application of specific tax act sections, and the interaction between EU law and domestic tax procedures. Ultimately, the court is tasked with determining whether a conforming interpretation of tax legislation can retroactively validate claims for DTR that were initially made under different assumptions. The judgment favors HMRC's appeal, determining outstanding issues in their favor, effectively challenging the taxpayers' interpretations of tax law and EU compliance.

HMRC v The Applicants_Appellants in the Post Prudential Closure Notice Applications_Appeals Group Litigation [2025] EWCA Civ 166

taxworld.co.uk

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