Training & Knowledge: Howard Watkinson

9th Jan 2020Articles

To Infinity and beyond – the Upper Tribunal confirms that an underlying supply in order to claim input tax and that the principles in Teleos and Kittel are not the same.

In Infinity Distribution Ltd (In Administration) v The Commissioners for Her Majesty’s Revenue & Customs [2019] UKUT 0405 (TCC) the Upper Tribunal (“UT”) has authoritatively dealt with assertions by the taxpayer that (i) input tax can be claimed on an invoice that is formally correct despite there being no underlying supply, (ii) input tax can […]

4th Dec 2018Newsletters

Cold Turkey? The Dangers of Withdrawal in the Tax Tribunal

Both indirect (whether VAT or Excise Duty) and direct tax practitioners alike need to be aware of the consequences of withdrawing an appeal in the Tax Tribunal following the decision of Judge Falk (as she then was) in OWD Ltd (t/a Birmingham Cash & Carry) v Revenue & Customs [2018] UKFTT 497 (TC) (“OWD”). Those […]

18th Oct 2017Newsletters

“Exercising Restraint?”

Howard Watkinson looks at the whys and wherefores of applying to discharge pre-charge restraint orders under the Proceeds of Crime Act 2002 (“POCA”). The pre-charge restraint order under POCA is doubtless one of the most draconian tools in the proceeds of crime armoury. It has the capacity to cripple businesses, be they bodies corporate or […]

21st Sep 2017Newsletters

Is Dishonesty the Best Policy?

In the coming months the Court of Appeal, and a strong Court of Appeal at that (consisting of The Master of the Rolls, The Chancellor and Hallett LJ), will hand down its judgment in HMRC v E Buyer (UK) Ltd & Citibank NA. It is hoped that this will settle a fundamental dispute that has […]