Tax updates: June 2015

Our monthly roundup of key tax cases including right of appeal in Dyson partnership case, scrip dividend treated as capital for inheritance tax in settlement agreement, OECD finalises rollout of new BEPS tax avoidance rules, Summer Budget scheduled for July and HMRC recognises second union with launch of RCTU for tax staff

Case report: right of appeal in partnership

In Dyson v Revenue & Customs [2015] UKFTT 131 (TC) Mr Dyson and Mr Walker formed a partnership as part of their university course. Walker was elected as the representative (or nominated) partner. The partnership’s 2012-13 return was filed on 21 May 2014 and HMRC issued each partner with a £100 penalty for missing the filing deadline, a daily penalty of £900, and a penalty of £300 for being over six months late.

On appeal to the First Tier Tribunal (FTT), Dyson argued that he had a reasonable excuse for late filing because he had done everything that could reasonably be expected to ensure that his partner filed the return on time.

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Case report: right of appeal in partnership

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