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Avoidance

HMRC have published more details on the information that employment intermediaries will be obliged to provide from next month.

Staffing agencies and similar firms will have to submit an online report to the Revenue every three months, providing details of supply workers for whom they do not operate PAYE on payments.

The first report is for the period 6 April to 5 July, and must reach HMRC by 5 August. A template is included in the official guidance, along with instructions on how to complete the form.

HMRC have taken legal steps to clampdown on plant and machinery sale-and-leaseback transactions designed to avoid tax.

The Revenue said it recently became aware of leasebacks that purported to create substantial capital allowances on assets that previously entitled the owner to no allowances.

Legislation is set to be introduced in Finance Bill 2015, with effect from 26 February 2015, to ensure an entitlement to capital allowances cannot be created by leaseback or connected party transaction when an asset is acquired without incurring expenditure.

Tower Radio Ltd; Total Property Support Services Ltd v CRC, Upper Tribunal

Scotts Atlantic Management Ltd; Scotts Film Management Ltd v CRC, Upper Tribunal

Herefordshire Property Company Ltd (TC4286)

Eclipse Film Partners No 35 LLP v CRC, Court of Appeal

Revenue addresses evasion controversy

HMRC have published updated guidance on the general anti-abuse rule (GAAR), effective from 30 January 2015.

The new information replaces the 15 April 2013 version and includes documents setting out the changes, with updated links and statutory references and corrections to typographical. Substantial alterations include:

Audit office praises department’s approach to recommendations

Availability of relief for a mortgage early redemption penalty

Tax professionals’ views of the industry’s hottest topics

A new consultation from HMRC looks at how to deter taxpayers using what the department considers to be abusive tax planning schemes.

The document, Strengthening Sanctions for Tax Avoidance, suggests removing the economic benefit of avoidance, and increasing the reporting requirements of those who enter into legal tax-dodging arrangements.

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