Weil Tax BLOG - Feed https://tax.weil.com/category/uk-tax/dispute/ Views and developments from the Tax Department at Weil Fri, 20 Mar 2026 15:41:38 +0000 hourly 1 Rollover relief and CGT planning: Wilkinson https://tax.weil.com/insights/rollover-relief-and-cgt-planning-wilkinson/ Thu, 28 Sep 2023 15:03:44 +0000 Erica Rees Weil Tax Blog https://tax.weil.com/?p=1996 The recent case of Wilkinson v HMRC involves a commonplace scenario in corporate transactions, where shares in a target entity are often sold in exchange for some combination of cash, shares and/or loan notes issued by the buyer or a member of the buyer’s group. The issue of non-cash consideration can serve a commercial purpose:

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]]> Take Notice of the Notice Provisions! https://tax.weil.com/uk-tax/straight-to-the-point/take-notice-of-the-notice-provisions/ Thu, 11 Jan 2018 15:44:10 +0000 Oliver Walker http://tax.weil.com/?p=487 The Court of Appeal has unanimously held that contractual claims under a share purchase agreement were barred by the operation of a limitation clause that required the buyer to include reasonable details of the claims, including the grounds, in its notice to the sellers.  As the buyer did not set out which warranties it was

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]]> The Court of Appeal has unanimously held that contractual claims under a share purchase agreement were barred by the operation of a limitation clause that required the buyer to include reasonable details of the claims, including the grounds, in its notice to the sellers.  As the buyer did not set out which warranties it was

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]]> Ordinary Share Capital: Clarity in Relation to Dividend Rights https://tax.weil.com/uk-tax/uk-focus-latest-thinking/ordinary-share-capital-clarity-in-relation-to-dividend-rights/ Sun, 01 Oct 2017 17:10:06 +0000 Oliver Walker Stuart Pibworth http://tax.weil.com/?p=483 The Upper Tribunal has overturned the decision of the First-tier Tribunal in McQuillan v HMRC, finding that non-dividend bearing redeemable shares constituted ordinary share capital for the purposes of section 989 of the Income Tax Act 2007 (section 989) ([2017] UKUT 344 (TCC)) (see Focus “Ordinary share capital: can a negative prove a positive?”, www.practicallaw.com/2-631-2725).

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]]> The Upper Tribunal has overturned the decision of the First-tier Tribunal in McQuillan v HMRC, finding that non-dividend bearing redeemable shares constituted ordinary share capital for the purposes of section 989 of the Income Tax Act 2007 (section 989) ([2017] UKUT 344 (TCC)) (see Focus “Ordinary share capital: can a negative prove a positive?”, www.practicallaw.com/2-631-2725).

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]]> Ordinary Share Capital: Can a Negative Prove a Positive? https://tax.weil.com/uk-tax/straight-to-the-point/ordinary-share-capital-can-a-negative-prove-a-positive/ Wed, 17 Aug 2016 12:50:08 +0000 Oliver Walker Stuart Pibworth http://tax.weil.com/?p=465 The recent decision in McQuillan v HMRC highlights the challenges faced by taxpayers seeking to apply correctly those parts of the UK tax code that require interpretation in the absence of conclusive definition ([2016] UKFTT 305 (TC)). McQuillan addresses whether shares with no dividend rights can be said to carry a fixed rate of dividend

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]]> The recent decision in McQuillan v HMRC highlights the challenges faced by taxpayers seeking to apply correctly those parts of the UK tax code that require interpretation in the absence of conclusive definition ([2016] UKFTT 305 (TC)). McQuillan addresses whether shares with no dividend rights can be said to carry a fixed rate of dividend

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]]> Overpaid Tax: Another Win for Compound Interest https://tax.weil.com/uk-tax/straight-to-the-point/overpaid-tax-another-win-for-compound-interest/ Tue, 28 Jul 2015 13:09:57 +0000 Oliver Walker http://tax.weil.com/?p=454 Dismissing in its entirety an appeal brought by HM Revenue & Customs (HMRC), the Court of Appeal has confirmed that, in certain circumstances, EU law entitles taxpayers to claim compound interest on tax overpaid by mistake (Littlewoods Limited and others v The Commissioners for Her Majesty’s Revenue and Customs [2015] EWCA Civ 515). In the

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]]> Dismissing in its entirety an appeal brought by HM Revenue & Customs (HMRC), the Court of Appeal has confirmed that, in certain circumstances, EU law entitles taxpayers to claim compound interest on tax overpaid by mistake (Littlewoods Limited and others v The Commissioners for Her Majesty’s Revenue and Customs [2015] EWCA Civ 515). In the

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]]> Overpaid Tax: Claiming for Compound Interest https://tax.weil.com/uk-tax/straight-to-the-point/overpaid-tax-claiming-for-compound-interest/ Thu, 01 May 2014 13:35:28 +0000 Oliver Walker http://tax.weil.com/?p=443 Following a long-awaited decision by the High Court, taxpayers can now, in certain circumstances, claim compound interest on tax overpaid by mistake (Littlewoods Retail Limited and others v The Commissioners for Her Majesty’s Revenue and Customs [2014] EWHC 868 (Ch)). The court also held that, where compound interest is payable in connection with overpaid VAT,

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]]> Following a long-awaited decision by the High Court, taxpayers can now, in certain circumstances, claim compound interest on tax overpaid by mistake (Littlewoods Retail Limited and others v The Commissioners for Her Majesty’s Revenue and Customs [2014] EWHC 868 (Ch)). The court also held that, where compound interest is payable in connection with overpaid VAT,

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