Management activities and the right to input tax deduction

This article was first published on Lexis®PSL Tax on 22 February 2016. Click for a free trial of Lexis®PSL.

Tax analysis: Frank Mitchell, barrister at Monckton Chambers, explains the recent case involving Norseman Gold Plc which dealt with the practical application of the right to input tax deduction in respect of management activities being carried out by holding companies.

Original news

Norseman Gold plc v Revenue and Customs Commissioners [2016] UKUT 69 (TCC), [2016] All ER (D) 94 (Feb)

The Upper Tribunal (Tax and Chancery Chamber) (UT) dismissed the appeal by the taxpayer company against a decision of the First-tier Tribunal (Tax Chamber) (FTT) dismissing the taxpayer’s claim for recovery of input tax on the basis that  the supplies it had made to its subsidiaries had not been supplied for a consideration and were therefore not taxable supplies within the meaning of section 5 of the Value Added Tax Act 1994 and article 2(1) of Directive 2006/112/EC.

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COUNTED4 COMMUNITY INTEREST CO v SUNDERLAND CITY COUNCIL (2015; Carr J)

In the first suspension application to be heard by the High Court under regulation 96(1) of the Public Contracts Regulations 2015, the court refused an application to lift an automatic suspension on a local authority. Counted4 challenge Sunderland City Council’s award of a contract for the provision of substance misuse treatment and harm reduction services to another tenderer.

Fiona Banks successfully represented Counted4 in resisting the application to lift the suspension.

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A united response to the war on terror?

Public Law analysis: Following the recent terrorist attacks in Paris, which President Hollande described as ‘an act of war’, the President invoked Article 42(7) of the Treaty of the European Union (TEU)–dubbed the EU’s ‘mutual defence clause’–to request bilateral aid and assistance from other EU Member States. At a European Council meeting on 16 and 17 November 2015, European ministers expressed their unanimous and full support to France. Dr Theodore Konstadinides, senior lecturer in law at the University of Surrey and a legal expert in EU Law, and Philip Moser QC of Monckton Chambers, explain the implications of the invocation of Art 42(7) TEU.

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This article was first published on Lexis®PSL on 24 November 2015

 

Supreme Court considers disability living allowance rules

Human Rights analysis: Discussing the Supreme Court’s ruling on the suspension of benefits for a severely disabled child in hospital, Steve Broach, a barrister at Monckton Chambers, points out that Mathieson is the latest in a line of recent Supreme Court judgments where international human rights conventions have played a significant role.

Please click here to read the article Supreme Court considers disability living allowance rules.

This article was first published on Lexis®PSL on 20 July 2015. Click for a free trial of Lexis®PSL.

Varying the terms of public contracts — what are the rules?

Public Law analysis: What impact will the ruling by the Supreme Court on Edenred v HM Treasury have on public outsourcing contracts? Philip Moser QC, a barrister at Monckton Chambers, advises this will now be the leading judgment on material variation in public procurement and will no doubt inform challenges on contract review clauses.

Please click here to read the article Varying the terms of public contracts — what are the rules

This article was first published on Lexis®PSL Public Law analysis on 9 July 2015. Click for a free trial of Lexis®PSL.