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HMRC: All Change, Please

September 27, 2016 | Private Client

In early September 2016, HMRC published plans for a substantial restructuring. As part of its ‘Building Our Future’ initiative, HMRC has announced that the four existing Directorates will be reorganised into three new groups as of October 2016. These will be a Customer Strategy and Tax Design group, an enlarged Customer Service group, and a(Read more)

Failure to Correct a Mistake in a Tax Return

September 19, 2016 | Private Client

Mr Mikhail completed his tax return to the best of his knowledge.  He was a member of the National Health Service Pension Scheme and the growth in value of his pension fund needed to be taken into account in computing the annual allowance charge.  The NHS Pension Scheme did not provide details until after Mr(Read more)

Case Summary (Challenge to Validity of Will): Elliott – v – Simmonds & Anr High Court of Justice (Chancery Division) [2016] EWHC 732 (Ch)

September 13, 2016 | Private Client

In this case, an adult daughter of a deceased Testator intimated a challenge to the validity of the last Will on the basis of lack of testamentary capacity, want of knowledge and approval and/or undue influence by the sole beneficiary under that Will.  She entered a caveat but then did nothing either to commence proceedings(Read more)

A Rain Check on Income Tax

September 07, 2016 | Private Client

In February 2016 Jonathan Padley appealed to the First Tier Tax Tribunal against a series of late payment penalties levied against him for failing to pay income tax on time totalling £5,448. The issue before the Tribunal was whether or not Mr Padley had a reasonable excuse for the late payments. For each of the(Read more)

Inheritance Tax, Bonds and IHT Disclosure Rules

September 06, 2016 | Private Client

Inheritance Tax and Bonds  In 2006 the rules for discretionary trusts were changed.  The changes began to bite from April 2016.   Often salespeople of investment bonds advise that the product should be put into trust.  The problem is best illustrated by an example.   Freda bought an investment bond for £250,000 on 1st June(Read more)

HMRC Introduces a New System for Claiming Overpaid Tax

September 05, 2016 | Private Client

From 1 August 2016, taxpayers have to specifically request a refund for any overpaid income tax. Before that date, HMRC would issue a taxpayer with form P800 informing them that there is an overpayment of tax, and a few days later the rebate would be issued. In a bid to encourage taxpayers to use their(Read more)

Pensions Exit Charges To Be Kept

September 05, 2016 | Private Client

Exit penalties for savers wishing to exercise pension freedoms should be capped at 1% of the value of their fund says the Financial Conduct Authority (FCA) in a consultation document.  The cap would apply to personal, stakeholder and self-invested personal pensions.  It would apply to existing contracts if an exit penalty is applied, but only(Read more)

Court of Appeal Allows Creditor of Beneficiary of an Estate to Bring Probate Claim

August 31, 2016 | Dispute Resolution, Private Client

In Randall v Randall [2016] EWCA Civ 494 (Randall) the Court of Appeal overturned a 2014 High Court decision and ruled that a creditor of a beneficiary had an interest in the estate that gave him sufficient standing to challenge the validity of a will. Part 57 of the Civil Procedure Rules deals with contentious(Read more)

The Pitfalls of Gifting Your Property to Family Members

August 30, 2016 | Private Client

Belinda Harvey from our Private Client team discusses the pitfalls of gifting property to family members in a blog written for the Solicitors for the Elderly website.  Solicitors for the Elderly is an independent national organisation whose members provide specialist legal advice for older and vulnerable people, their families and carers.  http://www.sfe.legal/public/blog/gifting-your-residence-to-family-members--the-pitfalls(Read more)

Tribunal Cancels Late Payment Penalty Because HMRC Owed the Taxpayer a Repayment

July 22, 2016 | Private Client

Both the taxpayer and H M Revenue & Customs accepted that a VAT return was received on time on 6 November 2015 but when HMRC originated a direct debit on 11 November 2015 it was returned unpaid because the amount of £27,000.71 exceeded the balance of cleared funds available in the account by £1,784.61 and(Read more)