As of exit day (11pm on 31 January 2020), the UK ceases to be an EU member state and will no longer participate in the political institutions and governance structures of the EU. However, in accordance with the transitional arrangements provided in Part 4 of the Withdrawal Agreement, exit day marks the commencement of an 11-month implementation period (IP) during which the UK will continue to be treated by the EU as a member state for many purposes.
Under the current terms, the implementation period will run from exit day until IP completion day (11pm on 31 December 2020). During this period, the UK must continue to adhere to its obligations under EU law (including EU treaties, legislation, principles and international agreements), and submit to the continuing jurisdiction of the CJEU in accordance with the Withdrawal Agreement.
Exit day is still key in terms of being the date the UK ceases to be an EU member state, but in terms of the legal impact, IP completion day is the date that the majority of key domestic legal changes associated with Brexit will take effect, including the full repeal of the European Communities Act 1972, incorporation of retained EU law into the domestic legal regime and commencement of associated Brexit legislation, including Brexit SIs.
EU(WA)A 2020 implements the Withdrawal Agreement into UK domestic law and includes a range of interpretation and consequential provisions in order to effect the implementation period and the associated changes in timing. IP completion day replaces exit day for many purposes throughout the EU(WA)A 2020 and related Brexit legislation, including specific provisions to defer the commencement of Brexit SIs and related enactments.
The majority of tax practitioners will see little change after exit day. There are some tax changes that will mainly affect those practitioners who advise multinational groups with entities in the UK and EU countries or the US. Key tax changes after exit day include:
tax directives and EU domestic law: domestic law of some EU countries does not fully incorporate the terms of directives and refers to EU companies. As a result UK companies could lose the benefit of the directive (for example, where domestic law provides for tax neutral transfers of intangible or tangible assets between domestic and EU resident companies)
US double tax treaties: Some US/EU tax treaties refer to entities in Member States being able to qualify for double taxation relief; as the UK will no longer be a Member State, entities in the UK may be excluded from this definition
UK exports: although the UK is bound to apply EU trade agreements, third party countries are not bound to treat the UK as a member of the EU. This means that some third party countries may not apply the terms of EU trade agreements to UK exports.
As of exit day (11pm on 31 January 2020), the UK ceases to be an EU member state and will no longer participate in the political institutions and governance structures of the EU. However, in accordance with the transitional arrangements provided in Part 4 of the Withdrawal Agreement, exit day marks the commencement of an 11-month implementation period (IP) during which the UK will continue to be treated by the EU as a member state for many purposes.
Under the current terms, the implementation period will run from exit day until IP completion day (11pm on 31 December 2020). During this period, the UK must continue to adhere to its obligations under EU law (including EU treaties, legislation, principles and international agreements), and submit to the continuing jurisdiction of the CJEU in accordance with the Withdrawal Agreement.
Exit day is still key in terms of being the date the UK ceases to be an EU member state, but in terms of the legal impact, IP completion day is the date that the majority of key domestic legal changes associated with Brexit will take effect, including the full repeal of the European Communities Act 1972, incorporation of retained EU law into the domestic legal regime and commencement of associated Brexit legislation, including Brexit SIs.
EU(WA)A 2020 implements the Withdrawal Agreement into UK domestic law and includes a range of interpretation and consequential provisions in order to effect the implementation period and the associated changes in timing. IP completion day replaces exit day for many purposes throughout the EU(WA)A 2020 and related Brexit legislation, including specific provisions to defer the commencement of Brexit SIs and related enactments.
The majority of tax practitioners will see little change after exit day. There are some tax changes that will mainly affect those practitioners who advise multinational groups with entities in the UK and EU countries or the US. Key tax changes after exit day include:
tax directives and EU domestic law: domestic law of some EU countries does not fully incorporate the terms of directives and refers to EU companies. As a result UK companies could lose the benefit of the directive (for example, where domestic law provides for tax neutral transfers of intangible or tangible assets between domestic and EU resident companies)
US double tax treaties: Some US/EU tax treaties refer to entities in Member States being able to qualify for double taxation relief; as the UK will no longer be a Member State, entities in the UK may be excluded from this definition
UK exports: although the UK is bound to apply EU trade agreements, third party countries are not bound to treat the UK as a member of the EU. This means that some third party countries may not apply the terms of EU trade agreements to UK exports.
