We advise and litigate in relation to all aspects of trust law and practice. These matters frequently have both a UK and offshore element. We are familiar with the usual jurisdictions in which offshore trusts operates and can advise and assist offshore trustees to achieve tax efficient outcomes for settlers and beneficiaries.
We have considerable expertise and experience in taking landlords and developers safely through the minefield of UK property taxation.
We have recently advised a number of clients in relation to very large crypto positions.
We give advice to individuals, trusts, partnerships and companies on how to carry out UK or offshore transactions in the most tax-efficient way. These transactions often involve the sale and purchase of companies, real property and other assets, the tax efficient extraction of profits and gains, and the establishment of tax efficient asset holding or ownership structures. We also regularly advise on tax efficient succession planning, taking into account IHT and other capital taxes. We are also happy to give a post-transaction opinion or advice, whether for additional comfort, or because HMRC has shown some interest in the transaction.
In addition to tax, we have a broad and detailed understanding of the general law (and in particular the law of trusts, companies, partnerships and insolvency) on which many of the important tax questions turn.
We have expertise in the structuring of corporate finance, securitisation, asset finance and leasing (including finance leasing), debt and equity instruments of all kinds, repos, derivatives and FX transactions. We are happy advise and assist in the structuring of bespoke arrangements, or in the development structures for wider application. We have practical experience of both capital markets and derivatives from time served in city firms.
We frequently advise and assist with all the tax aspects of employment, including employment status issues (employed or self employed), PAYE and NIC planning and EBTs (including exit strategies). We give advice on the disguised remuneration rules, all forms of share schemes (including EMI), employee pensions and retirement schemes, cross-border employment issues, and all matters relating to the extraction of value from close companies.
We have considerable expertise in all matters relating to residence and domicile of individuals, trusts and companies, including with regard to the common law, HMRC6 guidance, and the UK statutory residence test, and international double tax treaties.
We have experience in advising and assisting with regard to all forms of HMRC enquiries, and investigations under the civil (COPs 8, 9, SCP and CIF) and criminal regimes, and can also give post transaction, pre-enquiry advice. In our experience, having a barrister assisting existing advisers with an enquiry or investigation significantly improves the speed and quality of outcome, and significantly reduces client inconvenience. We can also assist with information notices, and all tax procedural issues, such as whether an enquiry can be opened or discovery assessment made, or whether a closure notice can be obtained from HMRC or the Tribunal.
We frequently appear in the tax courts, and can offer advocacy from the First-tier Tribunal through to the Supreme Court and the ECJ. Because we appear so regularly in the Tribunals and higher courts, we have the advantage of an intimate knowledge of court and tax Tribunal practice and procedure. We also have considerable experience in tax-related judicial review. Depending on the weight of the matter and the needs of the client, we can provide a single barrister, a leader and a junior, or in the most demanding cases a team, as the client requires.
We advise on all aspects of VAT, including VAT planning and cross-border transactions and frequently advise in relation to stamp taxes, including SDLT, and have experience advising on SDLT planning. We also have experience advising and appearing in the Tribunal in relation to various customs and excise duties, and related matters.
We frequently advise in relation to tax matters with at least one offshore element, including offshore close companies and non-resident trusts, transfer of assets abroad, CFCs, withholding tax, double tax treaties, and the characterisation of foreign entities for the purposes of UK tax law.
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