In this ‘back to basics’ guide, Elizabeth Shanahan (Hogan Lovells) discusses the issues around business, donations and grant funding for charities in a VAT context
Andrew Goldstone and Stuart Crippin (Mishcon de Reya) give an update on recent developments, including: Spanish inheritance tax refunds, pensions changes, and the cases of Hirst and Drown and another (as executors of Leadley deceased).
Heather Self (Pinsent Masons) asks if this the end for the ‘double Irish’ structure
Two of the BEPS deliverables that the OECD issued on 16 September indicate transfer pricing changes. These relate to intangibles and documentation. Martin Zetter (Macfarlanes) takes a look.
The Upper Tribunal’s confirmation in the Martin case that relief is available for bonus clawbacks is welcome, but that relief is limited. Andrew Roycroft (Norton Rose Fulbright) analyses the decision.
Taxpayers increasingly need to rely on statements made by HMRC which do not have the force of law, such as HMRC clearances given to a taxpayer or HMRC guidance. In this back-to-basics guide, Christopher Harrison and David Stainer (Allen & Overy) provide an overview of the principles which govern a taxpayer’s ability to rely on written statements by HMRC, particularly on legitimate expectation.
Peter Jenkins (Peter Jenkins Associates) examines the FTT case of The Serpentine Trust Ltd v HMRC, concerning the VAT treatment of ‘donations’ made by four friends schemes to the Serpentine Gallery, which provided the donors with benefits from the gallery.
Hui Ling McCarthy (Gray’s Inn Tax Chambers) writes that abandoning a statutory appeal when HMRC considers the proper route to be a claim for judicial review is not a decision to be taken lightly, and may lead to unexpected and unwelcome consequences.
Mark Middleditch (Allen & Overy) provides this month’s update, including: the UT decision in The Vaccine Research Limited Partnership; the G20 meeting of finance ministers and BEPS; the targeting of the quoted Eurobond exemption loophole; and the latest HMRC guidance on additional Tier 1 capital for foreign banks
In this month’s briefing, Lee Squires and Fiona Bantock (Hogan Lovells) examine four recent and highly relevant VAT cases: Skandia America, GMAC, Bookit and Taylor Clark.