Editor's pick for October

Here is my pick from this month's Tax Journal coverage:

1. Skandia: storm in a tea cup? The consensus view on this month’s Skandia case seems to be that the VAT decision is a major blow to many financial services groups with an EU branch structure. However, the UK does not need to change anything, write Mark Agnew and Arianne Wijdeveld (Baker & McKenzie).
2. Challenging follower and accelerated payment notices There is little doubt as to the significance of accelerated payment notices, which HMRC is now sending out – the government expects APNs issued by March 2016 to deliver £7.1bn to the exchequer. Patrick Cannon (15 Old Square) sets out the pros and cons of challenging such notices.
3. Martin in the UT: clawback of bonuses The Upper Tribunal confirmed in the Martin case that relief is available for bonus clawbacks. Whilst this is welcome news, that relief is limited, as Andrew Roycroft (Norton Rose Fulbright) explains.
4. Revisiting HMRC’s approach to tax disputes: views from industry A recent survey of senior in-house tax professionals reveals dissatisfaction with HMRC’s conduct in dealing with and resolving tax disputes, writes Liesl Fichardt (Clifford Chance).
5. Q&A: The end for the ‘double Irish’ structure Heather Self (Pinsent Masons) explains exactly what the ‘double Irish’ structure is, and how it has come to an end. 
6. Q&A: State aid and tax rulings Timothy Lyons QC (Thirty Nine Essex Street) looks at state aid and the European Commission’s groundbreaking investigations into Ireland’s tax ruling over Apple, and Luxembourg’s tax ruling over Fiat.
7. Is DOTAS being misused? Continually tinkering with the DOTAS hallmarks risks impairing the original purpose of the disclosure regime, writes Ashley Greenbank (Macfarlanes).
8. Has the RTI dream failed to materialise? Steve Wade (KPMG) questions whether the RTI project is meeting its original aims and he suggests further improvements to the PAYE system.
9. Exempt distributions: time for change? Outdated rules, studded with irrelevant tests? Jeanette Zaman and Emma Game (Slaughter and May) explain why the conditions for demergers to qualify as exempt distributions are in need of an overhaul.
10. Economics focus: Why the tax base is weaker than it should be Writing in Tax Journal, David Smith (economics editor of The Sunday Times) reports that the budget deficit should be falling fast as growth accelerates, but it is not – and government tax policy may be to blame.

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With thanks, as always, to all of our contributors. If there is a topic you'd like us to cover, please get in touch by emailing me at paul.stainforth@lexisnexis.co.uk.

Regards,

Paul Stainforth, Editor