Company share option plans (CSOP) and enterprise management incentives (EMI) are two statutory share option regimes that can be used to incentivise employees in a tax-efficient way. Broadly, where the relevant qualifying...more
VAT incurred on corporate advisory fees not recoverable -
In Ince Gordon Dadds LLP v HMRC, the First-tier Tribunal (FTT) has decided that Ince Gordon Dadds LLP (formerly Culver Holdings Limited and the taxpayer) (Culver)...more
2/1/2023
/ Acquisitions ,
Annotated Case Law ,
Appeals ,
Court of Justice of the European Union (CJEU) ,
GAAP ,
HMRC ,
International Tax Issues ,
OECD ,
Personal Services ,
Research and Development ,
UK ,
Value-Added Tax (VAT)
Welcome to the November edition of the UK Tax Round Up. This month has seen the new Chancellor deliver his Autumn Statement following from the previous Chancellor’s so-called mini budget in October and the Court of Appeal’s...more
12/6/2022
/ Appeals ,
Bank Taxes ,
Capital Gains ,
Diverted Profits Tax ,
Dividends ,
HMRC ,
Income Taxes ,
Inheritance Tax ,
OECD ,
Transfer Taxes ,
UK
Welcome to the October edition of the UK Tax Round Up. October has been an extraordinary month in the UK, with political turbulence triggering reversals of many of the tax policies announced by the government at the end of...more
11/1/2022
/ Double Taxation ,
EU ,
European Court of Justice (ECJ) ,
HMRC ,
Income Taxes ,
Interest Rate Adjustments ,
Reversal ,
Tax Liability ,
Tax Policy ,
UK ,
Value-Added Tax (VAT)
As has been widely reported, a number of the Mini Budget proposals (summarised in our recent Tax Blog) have been scrapped. The new Chancellor of the Exchequer Jeremy Hunt announced these measures claiming that they are...more
Welcome to September’s edition of the UK Tax Round Up. In addition to the headline-grabbing 2022 Growth Plan announced by the UK Chancellor, there have been a number of interesting cases this month including the First-tier...more
9/30/2022
/ Advocate General ,
Business Taxes ,
Debtors ,
Dispute Resolution ,
Double Taxation ,
Enforcement ,
EU ,
European Court of Justice (ECJ) ,
Fair Market Value ,
HMRC ,
Income Taxes ,
Indemnity ,
Purchase Agreement ,
Shareholders ,
Tax Loopholes ,
UK
The Chancellor today unveiled the UK’s 2022 Growth Plan which has been described as being “the biggest package of tax cuts in generations”. We have summarised here the tax changes that we think will be of interest to our...more
Welcome to the August edition of the UK Tax Round Up. August turned out to be not such a quiet month on the UK tax front. We have seen several important and technical case law decisions, some of which we discuss below, and...more
Welcome to July’s edition of the UK Tax Round Up. This month has seen an interesting decision of the First-tier Tribunal on the salaried member rules as they apply to asset manager LLPs, a surprising decision on the terms...more
The recent decision of the First-tier Tribunal (FTT) in BlueCrest Capital Management (UK) LLP v HMRC (29 June 2022) is the first time the UK’s salaried member rules (the Rules) have been considered in the context of an asset...more
Welcome to June’s edition of the UK Tax Round Up. This month’s edition features a summary of HMRC’s recent guidance on QAHCs and credit funds, the publication of the new UK/Luxembourg double tax treaty and the delay to the...more
HMRC has recently updated the guidance relating to the UK’s new qualifying asset holding company (QAHC) tax regime which was introduced from 1 April 2022. The new guidance clarifies HMRC’s approach to whether corporate...more
Welcome to May's edition of the UK Tax Round Up. This month has seen a number of interesting court decisions, an important opinion of the European Commission’s Advocate General and the commencement of a Treasury consultation...more
6/8/2022
/ Advocate General ,
Corporate Taxes ,
EU ,
Income Taxes ,
International Tax Issues ,
OECD ,
Remuneration ,
Tax Code ,
Tax Court ,
Tax Deductions ,
Tax Liability ,
Tax Reform ,
Transfer of Assets ,
UK ,
Value-Added Tax (VAT)
Summary and Background -
On 11 May 2022, the European Commission (the “Commission”) published its draft proposal for a debt-equity bias reduction allowance (“DEBRA” or, the “Directive”), which forms part of the...more
Welcome to the March edition of the Proskauer UK Tax Round Up. In his Spring Statement, the Chancellor focused on measures to alleviate the increasing cost of living and to boost investment in the economy but there were no...more
Welcome to February’s edition of our UK Tax Round Up. This month’s edition includes updated guidance on the VAT treatment of contractual termination payments, updated HMRC guidance on the assessment of “substantial”...more
UK Case Law Developments -
Contributions to remuneration trust scheme not tax deductible -
In Strategic Branding Ltd v HMRC, the First-tier Tribunal (FTT) held that sums contributed by the taxpayer company to a...more
2/10/2022
/ Business Losses ,
EU ,
GILTI tax ,
Income Taxes ,
International Tax Issues ,
Tax Code ,
Tax Court ,
Tax Deductions ,
Tax Reform ,
UK ,
Value-Added Tax (VAT)
UK Case Law Developments -
Taxpayer treated as receiving distribution in tax avoidance case -
We reported on First-tier Tribunal’s (FTT’s) decision in Dunsby v Revenue & Customs in our June 2020 UK Tax Round Up. By way...more
1/5/2022
/ Distribution Rules ,
Dividend-Equivalent Transactions ,
International Tax Issues ,
Legal Costs ,
Proposed Regulation ,
Regulatory Agenda ,
Share Class Structures ,
Stock Options ,
Tax Avoidance ,
Tax Code ,
Tax Court ,
Tax Liability ,
Tax Reform ,
UK ,
Value-Added Tax (VAT)
Welcome to November’s edition of the UK Tax Round Up. This month has seen publication of the Finance Bill 2021-22 (what will become the Finance Act 2022) including draft legislation for the basis period reform, UK asset...more
12/3/2021
/ Corporate Taxes ,
HMRC ,
Holding Companies ,
Income Taxes ,
International Tax Issues ,
IR35 ,
Tax Planning ,
Tax Rates ,
Tax Reform ,
UK ,
Withholding Tax
The Chancellor presented the Budget on 27 October. Although it contained a wide range of general spending and tax-related announcements, there was nothing of significance for the private funds industry that had not been...more
In Fashion on the Block Limited v HMRC, the First-tier Tribunal (FTT) has allowed the taxpayer’s appeal against HMRC’s decision not to allow the taxpayer company to issue seed enterprise investment scheme (SEIS) certificates...more
In Claims Advisory Group v HMRC,
The Upper Tribunal (UT) has confirmed that the service of claiming compensation on behalf of third parties for mis-sold payment protection insurance (PPI), is subject to VAT and not exempt...more
In Haworth v HMRC the Supreme Court (SC) upheld the Court of Appeal’s (CA’s) decision to quash a follower notice (FN) and accelerated payment notice (APN) issued to the taxpayer, Mr Haworth. An FN can be issued by HMRC where...more
8/2/2021
/ Accelerated Payments ,
Bonuses ,
Charitable Trusts ,
GAAR ,
HMRC ,
Income Taxes ,
International Tax Issues ,
Legislative Agendas ,
NICS ,
OECD ,
Preferred Shares ,
Proposed Legislation ,
Regulatory Agenda ,
Remuneration ,
Tax Avoidance ,
Tax Reform ,
UK ,
Valuation ,
Value-Added Tax (VAT)
UK Case Law Developments -
Income tax consequences of pension-related payments in E.ON v HMRC -
E.ON v HMRC concerned a large UK power and gas supplier, which paid certain lump sum payments, called “facilitation...more
7/6/2021
/ Corporate Taxes ,
Double Taxation ,
Employee Benefits ,
HMRC ,
Income Taxes ,
International Tax Issues ,
OECD ,
Pension Schemes ,
Pensions ,
Tax Avoidance ,
UK
Significant progress has been made in the efforts of the OECD to reach international consensus on the BEPS 2.0 proposals. Broadly, the proposals are aimed at addressing challenges relating to taxation of the modern digital...more