HMRC have seemed to send out a warning to anyone that is opting to use crypto assets to avoid their tax obligations. This article seeks to discuss the concept of Non-Fungible Tokens, its influence of digital ownership and HMRC’s recent seizure. What are Non-Fungible Tokens? A Non-Fungible Token, commonly referred to as an NFT, are digital tokens stored on the blockchain that can be bought and sold using cryptocurrency and represent certificates of ownership for both digital and potentially physical assets. NFTs differ from cryptocurrencies, where they are digital ‘uniques’ which cannot be exchanged like coins and other cryptocurrencies. NFTs first emerged in 2014 and each token is evidence of ownership of a unique and non-int...

In the 21st century, cryptocurrencies have gained huge traction globally, particularly with the creation of Bitcoin in 2009. Evidence of this significant increase in demand is that there are now more than 4,000 cryptocurrencies to choose from. However, despite this increasing popularity, a significant proportion of the population is still unsure as to what cryptocurrencies actually are, and whether they are worth investing in from a tax perspective. Trading in cryptocurrencies certainly has its success stories with there now being an estimated 100,000 people with $1 million or more invested in bitcoin. However, you should take care when considering these investments as there is a large amount of volatility involved when dealing with t...

It is common for business/financial decisions to be guided by the tax treatment of the transaction. However, in light of the tax legislation's complexity taxpayers may seek advance assurance before the event takes place to guarantee that the expected tax implications will indeed apply. In light of this, it is possible to write to HMRC to request advance clearance of the tax treatment of certain transactions. The tax legislation provides for clearances for certain arrangements (i.e. statutory clearances), and HMRC also provides a non-statutory clearance service for areas where the rules do not otherwise provide for it. The most common transactions that we as a firm seek clearance from HMRC include: Share-for-share exchanges Pu...

If you build yourself a new home or if you convert a non-residential building into a home for you or your relative to live in as a main residence, you may be able to claim a VAT refund on building materials and services. In order to be eligible for a refund, you must make a claim with HM Revenue & Customs (HMRC) no later than 3 months after the "completion" of the building. P Wedgbury & S Wedgbury v HMRC - The Definition of "Completion" The term "completion" is unfortunately not clearly defined in the legislation. However, in the recent case of P Wedgbury & S Wedgbury v HMRC (2020) the First-Tier Tribunal (FTT) considered the meaning of "completion" and therefore provides a useful guide for taxpayers who are looking to...

In this ‘pause from normality’ it is important to keep your tax compliance guard up. The period we are going through is not a ‘tax holiday.’ If the quality of your tax compliance drops, then the existence of Covid-19 will be no excuse for inaccuracies or negligence later down the line when faced with an HMRC enquiry, nor is it likely to be an excuse for late returns unless you become seriously ill. The reality of this is exemplified by the fact that people are still receiving loan charge settlement letters (which require a response in 30 days) during this time. Our advice: Understand the specific tax payment holidays and reliefs that exist through Covid-19 and apply them to the best of your ability. Prepare cash-...

Restrictions imposed in light of the coronavirus pandemic have resulted in widespread disruption to travel and business operations. Due to individuals being unable to leave the UK to carry out certain business duties, overseas companies could inadvertently find themselves taxable in the UK. To provide some clarity, HMRC has provided new guidance on how the residence and taxable presence rules will apply to companies with a specific focus on the impact of COVID-19. Company Residence When is a Company UK-Resident? As discussed in our blog Home or Away? Company Residence and CMC (23 October 2019), a company will be resident in the UK if either of these conditions are met: The company was incorporated in the UK; or The centr...

From today (4 May 2020), businesses that have been affected by the coronavirus pandemic can apply for a loan under the Bounce Back Loan Scheme (BBLS). As noted in our previous blog, the BBLS was introduced to help smaller businesses that were struggling to obtain finance under the previously announced Coronavirus Business Interruption Loan Scheme (CBILS). The key features of the BBLS are as follows: Small and medium sized businesses can apply for a loan from £2,000, up to 25% of the business' turnover (capped at £50,000). The loan will be guaranteed 100% by the government (as opposed to 80% guaranteed under the CBILS). The government will pay interest and fees for the first 12 months, and the interest rate for the facility i...

Betting and gambling does not constitute a trading activity, and as such, any winnings are not taxable profits for income tax purposes. Nevertheless, if you make substantial sums of money in betting then care should be taken to ensure that you are able to prove the source of these funds. If betting activities cannot be evidenced, then you run the risk of having these winnings treated as trading profits by HMRC. This is what happened to a successful gambler in the case of Simon McMillan v HMRC (2019). In this case, the cards were stacked in McMillan's favour as he had several credible witnesses who could attest to his gambling activities.  The First-Tier Tribunal accepted his explanations, holding that based on the evidence his substa...

Discussions regarding the development of the HS2 train line have been plagued by controversy and uncertainty. However, with phase 1 of the HS2 line seemingly ploughing full steam ahead from London to Birmingham, one thing is certain: it’s going to be a bumpy ride for the HS2 developers. With homes, businesses, and nature reserves located along the entire proposed line, HS2 has already caused a large amount of disruption. Those who are affected should receive compensation from HS2 for their loss; indeed, some have already received payments of over £1million. The receipt of this HS2 compensation is taxable on the recipient (albeit reliefs may be available). This is something that many of those affected may not be aware of. The tax...

On 18 June 2019, PD Tax travelled to The Hollies for a day of volunteering in partnership with Leeds City Council. A favoured walking destination of Lord of the Rings author JRR Tolkien during his time in Leeds and the rumoured inspiration for Middle Earth, the Hollies is a Victorian villa with extensive grounds and woodland. The house and its 30 acres of land were given to Leeds City Council in 1921 by George Brown, in memory of his son who was killed in the First World War. The grounds then became a public park. Equipped with our wellies, gloves, shears and tree poppers, we cleared paths, chopped down trees and generally made the park a more enjoyable place to spend time. We even managed to dodge the rainy weather of the previ...