Private Client Tax Case Review - Issue 1

I’m pleased to share Issue 1 of the BHP Private Client Tax Case Review, our new regular review of recent tax and private-client decisions with practical implications for advisers and their clients. You can download this issue here.

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This first issue looks at 12 recent decisions across the First-tier Tribunal, Upper Tribunal and High Court, covering a broad range of issues including:

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- capital reductions and the transactions in securities rules;

- disguised remuneration and the loan charge;

- testamentary capacity and the respective roles of the Court of Protection and Probate Court;

- section 33 of the Wills Act 1837 and substitution on death;

- claims against estates for family care;

- costs against HMRC and tribunal procedure;

- PAYE and NIC security notices;

- discovery assessments, evidence and extended time limits; and

- late appeals, protective costs orders and applications to bar HMRC from proceedings.

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As with our other case-review series, the purpose is not simply to report what the courts and tribunals decided. We look at why the decision matters in practice, what advisers should take from it and where the limitations and watch points lie.

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A recurring theme across many of these cases is that the quality of the evidence, the precise statutory wording, and how an arrangement is documented can be just as important as the underlying tax analysis.

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I hope you find it useful.