Income Tax

The Office of Tax Simplification (OTS) has published a series of questions as part of its review of employment status.

The body says it is keen to receive comments on the complexities of employment status from businesses and individuals, as well as from representative groups and professional tax advisers.

Views are sought on changes to working patterns over recent decades, dealings with HMRC, and the tax system’s compatibility with employment law and current working practices.

V Tee (TC4089)

M Bruce-Mitford (TC4067)

A problem for organisations that trade through charitable subsidiaries

Issue 18 in summary

HMRC have overhauled the way in which they recover tax credits overpayments.

Revenue and Customs Brief 40 (2014) explains that claimants who have been overpaid may have their award reduced to repay outstanding debts from previous claims.

C Blanco (C‑344/13), P P Fabretti (C‑367/13), Court of Justice of the European Union

Can an employee ownership trust be combined with a management buyout?

Tax-debt recovery based on graduated scale

J Thorne (TC3851)

HMRC have announced the end of IR35 compliance checks, only two years after they were introduced.

The abolition of risk-based business entity tests (BETs) will take effect on 6 April 2015, following a review by tax professionals. The IR35 Forum, the Revenue’s external group of advisers on intermediaries legislation, found the voluntary checks – launched in 2012 – were not widely used and were not fulfilling their purpose of assessing whether or not IR35 applied to taxpayer firms. 

PSC Photography Ltd (TC4039)