Tax News Highlights Podcast Archive
2023
In this podcast, Zoe Andrews and Tanja Velling are joined by Nele Dhondt to discuss the CJEU decision in the Engie State aid case and the Advocate General’s opinion in the Apple State aid case.
Zoe and Tanja further discuss the UK Supreme Court’s decisions in Skatteforvaltningen on the admissibility of the Danish tax authority’s civil claims to recover dividend withholding tax refunds, allegedly obtained by fraud in the context of cum-ex transactions, and in Fisher on the transfer of assets abroad regime.
The podcast also covers the UN Resolution on a framework convention on international tax cooperation and the OECD’s Tax Certainty Day and MAP statistics.
In this podcast, Emma Game and Tanja Velling discuss the Supreme Court’s decision in Vermilion considering whether a particular securities option was employment-related, the Court of Appeal’s decision in Delinian (formerly Euromoney) on the purpose test in the capital gains tax reorganisation rules, and the Upper Tribunal’s decision in Refinitiv, a judicial review case where the taxpayers argued that a diverted profits tax notice was inconsistent with an advance pricing agreement.
The podcast also covers draft legislation for the upcoming Finance Bill which would effectively disapply certain provisions of the Retained EU Law (Revocation and Reform) Act 2023 in respect of VAT and excise law (so as to preserve the principle of consistent interpretation) and provides an overview of case law on restructuring plans under Part 26A of the Companies Act 2006 where the court was asked to sanction the plan against HMRC’s wishes in order to put into context HMRC’s new guidance for insolvency practitioners.
Emma and Tanja further discuss changes to the terms and conditions of HMRC’s Double Taxation Treaty Passport Scheme and associated guidance, as well as DAC8 and the implementation of agreed safe harbours under the EU’s Pillar Two Directive.
In this podcast, Zoe Andrews and Tanja Velling discuss the Upper Tribunal’s decision in ScottishPower on the deductibility of payments made pursuant to an agreement with the regulator at the end of an investigation and the Supreme Court’s decision in Target Group on the scope of the VAT exemption for financial services.
The podcast also covers draft legislation for Finance Bill 2023-24 in respect of the removal of the 1.5% stamp duty and SDRT charge on issues and transfers integral to capital raisings and further changes to the UK’s implementation of the Pillar Two GloBE Rules. Zoe and Tanja discuss the draft legislation for the transitional UTPR safe harbour and the QDMTT safe harbour, and how tax imposed under the Subject-to-Tax Rule fits within the GloBE rules.
They further touch on developments in respect of the Multilateral Convention to Implement Amount A of Pillar One and the European Commission’s proposals for two new corporate tax directives concerning, respectively, the harmonisation of the corporate income tax base under the Business in Europe: Framework for Income Taxation (BEFIT) and the incorporation of the arm’s length principle and OECD Transfer Pricing Guidelines into EU law.
In this podcast, Zoe Andrews and Tanja Velling discuss the Upper Tribunal’s decisions in JTI Acquisitions Company on the loan relationships unallowable purpose rule, Hotel La Tour on input tax recovery in respect of advisers’ fees on a share sale to raise funds for downstream economic activity, and M Group Holdings on the substantial shareholding exemption. They also discuss the First-tier Tribunal’s decision in Wilkinson on the unallowable purpose rule in the capital gains tax reorganisation rules.
The podcast further covers certain draft legislation for Finance Bill 2023-24 published on 18 July 2023, including the proposal for a single merged regime for tax reliefs for research and development, and provides an update on international tax reform, focussing the UK’s proposed implementation of the UTPR, and the QDMTT safe harbour and transitional UTPR safe harbour in the second tranche of Administrative Guidance published on 17 July 2023 by the Inclusive Framework.
In this podcast, Zoe Andrews and Tanja Velling are joined by Nele Dhondt to discuss the EU’s Foreign Subsidies Regulation, how it could apply in the tax context and what steps can be taken to prepare for its coming into force. They also discuss the Advocate General’s opinion in the Amazon State aid case, recommending that the Court of Justice upholds the General Court’s decision that had annulled the European Commission’s finding of State aid.
In relation to the UK, the podcast considers HMRC’s draft guidance on the multinational top-up tax (the first tranche of which has been published for consultation until 12 September) and HMRC’s updated guidance on the loan relationships unallowable purpose test.
Zoe and Tanja also discuss the consultation on the reform of the UK’s transfer pricing, permanent establishment and Diverted Profits Tax legislation, the announcement of the “Energy Security Investment Mechanism” which should effectively bring forward the end date of the Energy (Oil and Gas) Profits Levy if oil and gas prices fall below certain thresholds, and the Upper Tribunal’s decision in Hargreaves Property Holdings on interest withholding tax.
In this podcast, Zoe Andrews and Tanja Velling discuss the Court of Appeal’s decision in McClean v Thornhill KC on duty of care in the context of tax advice, the First-tier Tribunal’s decision in Buckingham on the tax treatment of a US dividend, the Upper Tribunal’s decision in Spring Capital on whether questions of Scots law are questions of fact or law, and the Advocate General’s opinion in the Engie State aid case.
They further discuss the consultations on the modernisation of stamp taxes on shares and the introduction of a new fund structure, the Reserved Investor Fund (Contractual Scheme), which were published as part of the Tax Administration and Maintenance Day on 27 April 2023. The podcast also covers the potential QDMTT safe harbour, the status of Pillar Two implementation across different jurisdictions, and a Brexit-related change to HMRC’s practice on late payment interest as well as an update on the Retained EU Law (Revocation and Reform) Bill.
In this podcast, Zoe Andrews and Tanja Velling discuss a few highlights from the Spring Budget, including certain pensions tax changes, the temporary introduction of full expensing for expenditure that would otherwise attract capital allowances at the main rate of 18%, an update on tax reliefs for research and development and changes to the application of certain administrative provisions in respect of the assessment of capital gains tax (or corporation tax on chargeable gains) on the completion of unconditional contracts.
The podcast also covers four recent cases: the First-tier Tribunal’s decision in Muller on the application of the intangible fixed assets regime to partnerships, the Upper Tribunal’s decision in Prudential on the interaction of the VAT grouping rules and the time of supply rules, the Court of Appeal’s decision in Mitchell on HMRC’s powers to disclose documents without taxpayer consent, and the Supreme Court’s decision in News Corp applying the “always speaking” principle to the VAT legislation to consider whether “newspapers” could include digital as well as print editions.
In this podcast, Zoe Andrews and Tanja Velling discuss the Upper Tribunal’s decisions in Harrison, confirming the demise of the doctrine of “staleness” in relation to discovery assessments, and Morrisons on the standard to be applied when reviewing the First-tier Tribunal’s assessment of a multi-factorial test.
They also discuss HMRC’s Transfer Pricing and Diverted Profits Tax statistics for 2021-2022, showing inter alia a significant reduction in the number of Advance Thin Capitalisation Agreements, and the report on HMRC’s Financial Institution Notice powers, confirming that HMRC will not use the powers to request taxpayer location data, but may use them to request information on a financial institution’s employees and contractors.
The podcast further provides an update on international tax reform, looking in particular at the impact assessment and administrative guidance recently published by the OECD, discusses the OECD’s new Manual on the Handling of Multilateral Mutual Agreement Procedures and Advance Pricing Arrangements and notes HM Treasury’s more detailed response to its online sales tax consultation, following the announcement at the Autumn Statement that no such tax would be introduced.
In this podcast, Zoe Andrews and Tanja Velling discuss the decision in Urenco Chemplants where the Court of Appeal corrected a drafting error in the Capital Allowances Act 2001 and a range of other UK developments, including the technical consultation on the VAT treatment of fund management services, the evaluation plan for the notification of uncertain tax treatment for large businesses, the extension of the definition of “investment transaction” for the purposes of the investment management exemption to include cryptoassets, the draft guidance on upcoming changes to the R&D tax reliefs regime, the Office of Tax Simplification’s report on hybrid and distance working and the draft regulations for the new transfer pricing documentation requirement.
The podcast also covers the draft legislation for the Electricity Generator Levy, and changes to the Energy Profits (Oil and Gas) Levy and the Public Interest Business Protection Tax.
In terms of international developments, Zoe and Tanja discuss the OECD’s draft Multilateral Convention provisions on digital services taxes and other relevant similar measures under Pillar One, guidance on Safe Harbours and Penalty Relief under Pillar Two and the consultations on the Pillar Two GloBE Information Return and Tax Certainty for the GloBE Rules. They also touch on the EU Directive implementing Pillar Two and the provisional agreement on the EU’s Carbon Border Adjustment.
2022
In this podcast, Zoe Andrews and Tanja Velling discuss the UK’s first comprehensive tax treaty with Brazil which was signed on 29 November 2022 as well as certain highlights from the Autumn Statement and in relation to the Autumn and Spring Finance Bills, including an update on the UK’s implementation of Pillar Two and the new Electricity Generator Levy to be legislated for in the Spring Finance Bill.
The podcast also covers two recent cases: the Court of Appeal’s decision in Centrica on the deductibility of advisory fees incurred in relation to the realisation of an investment as investment management expenses under section 1219 of the Corporation Tax Act 2009 and the Upper Tribunal’s decision in Kwik-Fit on the loan relationships unallowable purpose test in section 441 of the same Act. Zoe and Tanja further provide an update on the UK’s proposed replacement of its scaled-back DAC6 implementation and the National Audit Office Report on the Digital Services Tax.
In this podcast, Zoe Andrews and Tanja Velling discuss the CJEU’s decision in Fiat on fiscal State aid and the Supreme Court’s decision in NHS Lothian on historic claims for input tax recovery. They also discuss UK Finance’s report on the total tax contribution of the UK banking sector, the designation of the 2022 edition of the OECD’s Transfer Pricing Guidelines under TIOPA and the removal of the expiry date for the regulatory capital exemption from the UK’s anti-hybrid rules.
The podcast covers the OECD’s “Progress Report on the Administration and Tax Certainty Aspects of Amount A of Pillar One” and its report on “Tax Incentives and the Global Minimum Corporate Tax” as well as the Public Accounts Committee’s inquiry into the UK’s digital services tax. Zoe and Tanja also discuss the recent signature of two separate multilateral competent authority agreements on the automatic exchange of, respectively, information reported by digital platform operators on their sellers and information reported by intermediaries (or, in certain circumstances, taxpayers) in relation to arrangements intended to circumvent the Common Reporting Standard or structures that disguise the beneficial ownership of assets, in each case in the context of existing or proposed UK regulations on the topic.
In this podcast, Zoe Andrews and Tanja Velling discuss the First-tier Tribunal’s decision in Burlington Loan Management considering the purpose test in Article 12 (Interest) of the UK/Ireland double tax treaty and two decision of the Upper Tribunal: Aozora GMAC concerning the interaction between the UK/US double tax treaty and the UK’s rules on unilateral relief and Pickles considering the interpretation of “market value” and “new consideration” in the context of deemed distributions under section 1020 of the Corporation Tax Act 2010.
Zoe and Tanja also discuss the decision of the Inner House of the Court of Session in Ventgrove on the interaction between VAT law and the break clause in a lease, and the Advocate General’s opinion in Gallaher on the compatibility of the UK's group transfer rules with EU fundamental freedoms.
The podcast further considers the potential impact of the Retained EU Law (Revocation and Reform) Bill in the tax context as well as announcements made as part of the Growth Plan announced by the Chancellor on 23 September 2022, including proposals to reverse the planned increase in the rate of corporation tax, abolish the health and social care levy before it takes effect, undo the 2017 and 2021 changes to the IR35 rules and make the temporary £1 million level of the annual investment allowance permanent.
In this podcast, Zoe Andrews and Tanja Velling discuss the Upper Tribunal’s decisions in HMRC v Euromoney Institutional Investor PLC on the application of the purpose test in the reorganisation rules (section 137(1) TCGA), in HMRC v BlackRock Holdco 5, LLC on transfer pricing and the unallowable purpose test in the loan relationship rules (section 441 CTA 09), and in Altrad Services Limited v HMRC on statutory interpretation.
They also discuss the planned OTS review of distance working, an update to the Uncertain Tax Treatments by Large Businesses Manual, confirming that the result provided by HMRC’s Check Employment Status for Tax (CEST) tool may constitute a “known position”, and the first GAAR panel opinion in favour of the taxpayer.
The podcast also highlights proposed legislative changes in three areas: two measures for which draft legislation was published on L-day - certain changes to the Qualifying Asset Holding Companies regime and the introduction of the Pillar 2 GloBE Income Inclusion Rule in the UK in the form of a new “multi-national top-up tax” - and the UK Treasury’s consultation on the codification of the sovereign immunity exemption which would narrow its application to UK source interest.
In this podcast, Zoe Andrews and Tanja Velling discuss the General Court’s decision in the EU State aid case in respect of the finance company exemption in the UK’s CFC rules and the Supreme Court’s decision in Zipvit on input tax recovery. They discuss the recently announced Energy Profits Levy and associated investment allowance as well as the results of a survey by the Centre for Policy Studies which looked at the attractiveness of the UK as an investment location. The podcast further provides an update on Pillar One, considering in particular the extended implementation timetable and the consultations on the regulated financial services exclusion and tax certainty, and covers the OECD’s report on “Tax Co-operation for the 21st Century”.
In this podcast, Zoe Andrews and Tanja Velling discuss the First-Tier Tribunal decisions in Sally Judges on the question whether legislative amendments and related materials can influence the interpretation of the provisions in their form before the amendment took effect, in Alexander Beard on the nature of dividends paid out of share premium, in JTI where interest deductions for the intra-group funding of a third party acquisition were denied under the loan relationships unallowable purpose rule and in Hexagon Properties which considers whether a payment of damages effected through a loan waiver is taxable under the loan relationships regime.
They also cover the Supreme Court decision in NCL that the taxpayers were entitled to a deduction as a trading expense in respect of their accounting debits recognised on the grant of share options to their respective employees by an employee benefit trust. The podcast further covers the summary of responses published by the UK government in respect of their consultation on the introduction of a UK re-domiciliation regime and the European Commission’s ongoing consultation on a “new EU system to avoid double taxation” including the potential harmonization of withholding tax refunds.
In this podcast, Zoe Andrews and Tanja Velling consider the Chancellor’s Spring Statement which was delivered on 23 March 2022, the latest developments in the two-pillar process towards international tax reform and how the possibility of the UK’s introduction of an online sales tax sits with its international obligations.
The podcast also covers a number of recent cases: the Upper Tribunal’s decision in Royal Bank of Canada where payments received by the bank, a Canadian tax resident, were subject to UK corporation tax because they were linked to an oil field, the Court of Appeal’s decision in SKAT v Solo Capital Partners on the admissibility of the Danish tax authority’s claims in relation to withholding tax refunds alleged to have been obtained through misrepresentation, the First-tier Tribunal’s decision in Cider of Sweden on third party access to documents related to proceedings before the First-tier Tribunal, and the First-tier Tribunal’s decision in Scottish Power, as contrasted with the earlier decision in BES Commercial Electricity, on the deductibility of compensation payments following regulatory failings.
In this podcast, Zoe Andrews and Tanja Velling consider the increasing interest in the link between tax and climate action in particular in light of the High Court decision in R (oao Cox & Others) v The Oil And Gas Authority & Others, the new public interest business protection tax which is proposed to be enacted as part of the current Finance Bill, HMRC’s revised draft guidance on the large business notification of uncertain tax treatment and HM Treasury’s consultation on the UK’s implementation of Pillar Two.
They also cover the European Commission’s proposal for a directive to prevent the misuse of shell entities which is commonly referred to as Unshell or ATAD3, considering in particular its potential impact on the UK, as well as the publication of the revised, 2022 edition of OECD’s transfer pricing guidelines, and the Court of Appeal’s decision in the Embiricos case on partial closure notices which confirms that the regime cannot be used to force a judicial determination of a preliminary legal issue.
In this podcast, Zoe Andrews and Tanja Velling are joined by Nele Dhondt to discuss the latest developments in tax State aid cases, focusing in particular on the decision of the Court of Justice in the Spanish financial goodwill case and the AG opinion in Fiat.
Zoe and Tanja also highlight certain key points of comparison between the OECD/IF Global Anti-Base Erosion Model Rules published on 20 December 2021 and the European Commission’s proposal for a Directive to implement them which was published only two days later.
The podcast further covers a consultation on improvements to the Disregard Regulations and the EGLBAGL Regulations in respect of FX hedges for anticipated share transactions, as well as two cases: the First-tier Tribunal’s decision in Hotel La Tour on the recovery of input tax in respect of advisers’ fees on a share sale and the decision of the Court of Session in Ventgrove relating to the interpretation of the VAT provision in the break clause of a lease.
2021
In this podcast, Zoe Andrews and Tanja Velling cover three highlights from the UK’s Tax Administration and Maintenance Day – proposed reforms of the taxation of securitisation and insurance-linked securities, the Government’s response to the OTS review of CGT, indicating that an alignment of CGT and income tax rates is not currently on the cards, but the Government is considering whether to allow a corporate bond to include an irrevocable provision to specify that it is subject to CGT, and the action points from the review of large businesses’ experience of UK tax administration, including the development of new “Guidelines for Compliance”.
They further discuss the delayed publication of the consultation on a UK-wide online sales tax in the context of international tax reform as well as key takeaways from HMRC’s latest Report and Accounts and the Tax Receipts statistics for 2020 to 2021. The podcast also covers the Upper Tribunal’s decision in Assem Allam which casts doubt on HMRC’s guidance suggesting that, in the context of the definition of “trading company” in the TCGA, “substantial” could be taken to mean “more than 20%” and the First-tier-Tribunal’s decision in Hargreaves Property Holdings on interest withholding tax.
In this podcast, Zoe Andrews and Tanja Velling provide an update on the OECD/G20 Inclusive Framework’s two-pillar solution to address the tax challenges arising from the digitalisation of the economy, highlighting potential stumbling blocks on the road to implementation and the joint statement from Austria, France, Italy, Spain, the UK and the US on the transition away from digital services taxes published on 21 October 2021.
They discuss the Health and Social Care Levy Act 2021 and a selection of measures included in Finance Bill 2022, including the decrease in the banking surcharge, revised draft legislation for the large business notification of uncertain tax treatment and changes to the diverted profits tax regime. The podcast also notes the designation of the first freeport tax sites, mentions planned changes to tax reliefs for R&D and the proposed introduction of a corporate re-domiciliation regime, and it discusses the First-tier Tribunal decision in Europcar concerning the taxpayer’s application to instruct a joint expert in a cross-border group relief case which was opposed by HMRC.
In this podcast, Zoe Andrews and Tanja Velling discuss the consultation response and draft legislation for the economic crime levy, the High Court decision in Almacantar on the application of estoppel by convention in the context of a notice of claim under a tax indemnity, and the First-tier Tribunal decisions in Shinelock on the interaction between the tax rules and net accounting and Marlborough rejecting a rather wide interpretation of the Supreme Court decision in Rangers argued for by HMRC. Zoe and Tanja also share some thoughts sparked by the press coverage of the Pandora Papers and briefly address the announcement that 136 out of the 140 member countries of the OECD/G20 Inclusive Framework on BEPS have reached agreement on international tax reform.
In this podcast, Zoe Andrews and Tanja Velling discuss HMRC’s draft guidance in relation to the large business notification of uncertain tax treatment for which draft legislation was published on “L-Day”, and four recent cases:
- the Court of Appeal’s decision in Ingenious Games (a sequel to the Ingenious Films litigation),
- the Court of Session’s decision in the employment-related securities case Vermilion,
- the Upper Tribunal’s decision in Centrica on investment management expenses, and
- the First-tier Tribunal’s decision in the latest unallowable purpose case, Kwik-Fit.
They also briefly mention the Upper Tribunal’s decision in KSM Henryk Zeman where public law arguments, normally the purview of judicial review, were permitted to be raised in a VAT appeal.
In this podcast, Nele Dhondt and Tanja Velling discuss the proposal for a new UK subsidy control regime (and its impact on tax) as well as the EU General Court’s decision in the Nike and Converse State aid case. The podcast also covers key points around the draft legislation for the large business notification of uncertain tax treatment published on 20 July, better known as “L-day”, and the latest news on the modernisation of stamp taxes on shares, and it briefly mentions the Supreme Court’s judgment in Tinkler, applying the doctrine of estoppel by convention to prevent the taxpayer from denying that a notice of enquiry had been validly issued.
In this podcast, Zoe Andrews and Tanja Velling discuss the First-tier Tribunal decision in West Burton Property Limited v HMRC concerning deferred revenue expenditure and the interaction between the accounting and tax computation rules. They also discuss the Supreme Court decision in the Haworth judicial review proceedings which confirms that the pre-conditions for the issuance of a follower notice should be interpreted restrictively.
The podcast also covers the latest developments on the OECD’s international tax reform project, including a statement published on 1 July 2021 on an agreement reached by the majority of the members of the Inclusive Framework and its subsequent endorsement by the G20 Finance Ministers, and it touches on the UK’s roadmap for financial services post-Brexit.
In this podcast, Zoe Andrews and Tanja Velling discuss the Supreme Court decisions in Hurstwood Properties on the application of the Ramsay principle to business rates legislation and Tooth on discovery assessments, clarifying the meaning of “deliberate error” and dismissing the concept of staleness. They also consider two cases concerning tax covenant and warranty claims, Dodika before the Court of Appeal and TP Icap Ltd before the High Court, and judicial review proceedings in Heathrow Airport in respect of the withdrawal of an extra-statutory concession in respect of tax-free shopping.
The podcast also provides an update on potentially settled points and open issues following the G7 agreement in respect of the OECD’s international tax reform project, and it covers the European Commission’s plan to make EU business taxation fit for the 21st century, highlighting the planned proposals for BEFIT, DEBRA and a WTO-compliant digital levy.
In this podcast, Zoe Andrews and Tanja Velling provide an update on the progress of Finance Bill 2021, noting some of the Government amendments made during the Committee Stage.
They also discuss two First-tier Tribunal and one High Court decisions. The First-tier Tribunal decisions are those in Euromoney on the application of the purpose test in section 137 of the Taxation of Chargeable Gains Act 1992 to prevent rollover treatment on a share-for-share exchange and in Aozora on the interaction between the UK’s rules on unilateral relief from double taxation and the Limitation on Benefits article in the US/UK tax treaty. The High Court decision concerns the Danish tax authority SKAT’s attempt to reclaim Danish withholding tax refunds.
The podcast further covers certain international tax topics. Zoe and Tanja consider the impact of the Biden/Harris administration’s tax reform proposals on the OECD’s international tax reform project, the adoption of a new Article 12B (Income from Automated Digital Services) for the UN’s Model Tax Treaty and the consultation on proposed changes to the commentary on Article 9 (Associated enterprises) of the OECD’s Model Tax Treaty.
In this podcast, Zoe Andrews and Tanja Velling provide an overview of the UK Government’s announcements made on Tax Day, 23 March 2021, highlighting three measures that were shelved and three measures on which further information will be published in due course.
Five consultations are discussed in more detail: the call for evidence on the tax administration framework to support a 21st century tax system, the second consultation on the notification of uncertain tax treatment by large businesses, the consultation on options for updating transfer pricing documentation requirements, the consultation on raising standards in the tax advice market which focusses on the introduction of compulsory professional indemnity insurance for tax advisers, and the consultation on the reform of the taxation of securitisation companies.
The podcast covers the decisions of the Court of Justice of the European Union in Cases C-459/19 Wellcome Trust, considering whether a taxable person is “acting as such” for the purposes of Article 44 of the Principal VAT Directive when receiving supplies for the purposes of its non-economic business activities, and C-812/19 Danske Bank on the VAT treatment of supplies between a VAT-grouped head office and its non-VAT-grouped foreign branch. Zoe and Tanja also briefly touch on DAC7.
In this podcast, Zoe Andrews and Tanja Velling discuss highlights from the UK Budget, including the planned increase of the headline corporation tax rate, the proposed review of tax administration practices, and the introduction of a more generous loss carry-back and enhanced capital allowances.
The podcast provides an update on certain OECD and EU developments, including on the International Compliance Assurance Programme and public country-by-country reporting. It discusses European Commission consultations on business taxation for the 21st century, on safeguarding the rights of taxpayers engaged in cross-border activities and on improvements to the gathering and exchange of information on crypto-assets and e-money.
Finally, Zoe and Tanja consider four recent cases, the First-Tier Tribunal decisions in HFFX and Odey Asset Management on the tax treatment of funds reallocated from the corporate member of a partnership to the individual members, and Imprimatur Capital Holdings on input VAT recovery, and the Court of Appeal decision in Eastern Power Networks, addressing the extent to which the First-tier Tribunal should use its discretion to decide substantive tax points in a procedural application.
In this podcast, Zoe Andrews and Tanja Velling consider the evaluation of HMRC’s implementation of powers, obligations and safeguards introduced since 2012 which was published on 4 February 2021, the review of the UK’s funds regime including the consultation on the tax treatment of asset holding companies in alternative fund structures and the OECD’s updated guidance on tax treaties and the impact of the COVID-19 pandemic. Zoe and Tanja also discuss certain VAT developments, including the First-tier Tribunal decision in Wilmslow, the European Commission’s public consultation on VAT and financial services, and HMRC’s updated guidance on the payment of VAT that was deferred between March and June 2020. They finally touch on the European Commission’s grounds for appealing the General Court’s decision in the Apple state aid case, rumours of measures that may be included in the UK’s March Budget and potential US tax measures.
In this podcast, Zoe Andrews and Tanja Velling provide an update on tax aspects of the EU-UK Trade and Co-operation Agreement, OECD guidance on the transfer pricing implications of COVID-19, a House of Lords report giving short shrift to a number of Government proposals and plans to withdraw Revenue and Customs Brief 12/2020 on the VAT treatment of early termination fees and compensation payments. The podcast also covers the Court of Appeal decision in Development Securities on corporate tax residence, and the Upper Tribunal decisions in Gallaher on exit taxes, Stephen Warshaw on the definition of “ordinary share capital” and Embiricos on partial closure notices.
2020
In this podcast, Zoe Andrews and Tanja Velling look back over certain 2020 tax news highlights and forward at what 2021 may bring. The podcast covers international tax reform, and certain tax aspects of Brexit and relating to COVID-19. Zoe and Tanja also review three key cases decided in 2020, the Apple state aid case and two UK cases, Newey on VAT and abuse of law, and Fowler on deeming provisions and double tax treaty interpretation, and point to three cases to watch out for in 2021.
In this podcast, Zoe Andrews and Tanja Velling discuss the recent cases, including the First-tier Tribunal decision in Blackrock and the Court of Appeal decision in Total, some good news on VAT recovery and financial services and the draft legislation for Finance Bill 2021 which was published on 12 November 2020, also considering documents published alongside the draft legislation and what its publication is likely to mean for the timing of the publication and enactment of the Finance Bill.
Zoe Andrews and Tanja Velling discuss selected tax news highlights for October 2020.
In this podcast, Zoe Andrews and Tanja Velling discuss the OECD’s blueprints for international tax reform, points around customs, employee taxation and retained EU and domestic case law after the end of the transition period and the CJEU judgment in the United biscuits VAT case.
In this podcast, Zoe Andrews and Tanja Velling discuss rumours of UK tax rises, potential changes to the UK’s VAT grouping rules, HMRC’s new policy on the VAT treatment of early termination fees, and the decision in the Irish Bank case on tax treaty interpretation.
In this podcast, Zoe Andrews and Tanja Velling discuss the status of the OECD's work to address the tax challenges arising from the digitalisation of the economy, two recent High Court cases, HMRC’s ten year strategy and the proposal to modernise the UK’s stamp taxes on shares regime.
In this podcast, Zoe Andrews and Tanja Velling discuss the Chancellor's Summer Economic Statement and the latest developments in respect of DAC6 and international tax reform.