July 12, 2016 Corporate News Update: Brexit and the Ramifications On Value Added Tax (VAT), SEC Adopts New Resource Extraction Issuer Rules and SEC Proposes Changes to Smaller Reporting Company Definitions and Thresholds

by Jeanne R. Solomon and Valerie Ben-Or

This week’s Corporate news roundup includes information regarding the UK’s recent decision to exit the European Union (Brexit) and the potential legal consequences for value-added tax (VAT), the SEC’s new rules requiring resource extraction issuers to disclose payments made to the US federal government or foreign governments to comply with the Dodd-Frank Act and the SEC’s proposed changes to the smaller reporting company definition and increase of the thresholds below which a company must stay in order to qualify as a smaller reporting company:

Continue reading

Would you like to ride in my beautiful balloon?

Would you like to ride in my beautiful balloon?It is a truth universally acknowledged that the passenger of a hot air balloon which is rapidly losing altitude is best advised to throw out as much luggage as possible if only to soften his crash landing. This appears to have been the thought of HMRC in the litigation against Skyview Ballooning Limited (PC03173), though it would have been more dignified for them to have stopped after the first piece of luggage and endure the crash landing with dignified fortitude. Continue reading

VAT: Stuck in a Bunker

HMRC find themselves stuck in a bunker. There are two ways in which this might be true. They could be holed up in an underground shelter awaiting the same fate as befell Hitler (and at risk of sliding into similar insanity) or their little round ball could be in a sand pit, defying each attempt to be clubbed onto the green. In HMRC’s case, both of these are true.

Continue reading

HMRC’s VAT Gamble proves ‘unlucky’?

HMRC’s VAT Gamble proves ‘unlucky’?I often think that VAT is interesting mostly for what I learn, in passing, from clients and from case reports about goings on in the world. By means of reading cases I have learnt interesting commercial facts about part exchange of cars, about car lease business models, about the financial position of local authority parking, and about park and ride. And these are only examples relating to cars. There is much else besides. Continue reading

VAT – The Moral Dimension of Tax Collection

Man-TAX-blocksWe have become increasingly familiar with the call upon taxpayers to pay an amount of tax which fulfils their moral obligations in addition to an arguably different legal obligation, and thus to ensure that the overall amount of tax payable is commensurate with what is assumed, by somebody or other, to be the financial scale of the business operation.  This concept is clearly not aimed at evasion, since evasion is not merely immoral but also plainly illegal.  It is aimed at avoidance which could be legal but may arguably not be moral, or merely the adopting of certain legal interpretations, which increasingly has been suggested as somehow potentially immoral if it leads to ‘too little tax’ being paid through a given scale of business operation.

Continue reading

VAT – too hot to touch

VAT - too hot to touchLast year the Chancellor got his fingers burned by trying to handle hot pasties, not to mention the ‘caravan tax’. He had to pay a sweetener to the church lobby to fend off disaster for his misguided listed building alteration ‘reform’. VAT nearly destroyed his reputation in 2012. Was he going to risk bad luck on VAT in a year with a 13 in it? No. Continue reading

VAT Expectations…..Access Denied

VAT expectationsIt was only a few days ago, at a Withers reception, that I was talking to what one might describe as a ‘small taxpayer’, who had been embroiled in an appeal to the Tribunal over a trifling sum of £40,000 of VAT. As it turned out, she won her appeal, without the assistance of a professional advocate, because HMRC had misinterpreted the VAT legislation. The professional fee insurers were not prepared to back her, so she could not afford representation. Continue reading

No such thing as a (VAT) free lunch

For readers who thought from the title they would find enlightenment on pasties, Subway toasties, rotisserie chickens, or even Jaffa Cakes, this is not about food aspect but the ‘free’ aspect of the title. But it is nonetheless fascinating, so please stick with it.

The question is, can you ever get something for nothing in VAT terms?

Continue reading