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The High Court has dismissed a claim by the Danish tax authorities (against more than 100 defendants) that it was wrongly induced to refund more than £1bn of tax. It did so based on the established principle that English courts will not enforce foreign revenue laws. Unless reversed, the decision will cast doubt on the ability of other tax authorities to proceed with cum/ex fraud claims in the High Court. Read more
Within the framework of its "No SafeHavens" tax compliance strategy, HMRC has published two discussion papers concerning aspects of the administration of "offshore" or "international" tax. You can read more about both papers in this blog post. Read more
In this post we consider the Supreme Court's decision in KBR regarding the extra-territorial scope of the SFO's investigatory powers, and the extent to which it is applicable in relation to HMRC's compulsory information powers (considered by the Court of Appeal in Jimenez). Read more
The UK government has today announced that the first reporting deadline under DAC 6 will be deferred for 6 months to allow taxpayers and advisors impacted by COVID-19 additional time to comply with their obligations. The first reports under DAC 6 will now be due by 31 January 2021. Read more
In Mackay v Wesley [2020] EWHC 1215 (Ch), the Claimant, who was instructed by her father to become a trustee of a family trust as part of a tax scheme, failed to obtain from the High Court (1) an order rescinding her appointment as trustee and/or (2) a declaration that she never became a trustee. Read more
In Fowler v HMRC [2020] UKSC 22, the Supreme Court determined that a statutory fiction created by a deeming provision of UK tax law did not affect how the terms of a bilateral tax treaty should be applied. Read more
We asked trust companies questions about the most significant risk and compliance issues they face. This blogpost, and accompanying podcast, consider the tax issues identified by respondents as most pressing. Read more
In Henkes v HMRC [2020] UKFTT 7645, the First-tier (Tax) Tribunal held that (a) it could (and would) determine the taxpayer’s domicile status when determining an application for the closure of a domicile enquiry and (b) its determination of that issue would be binding in any substantive appeal against a subsequent tax assessment. Read more
This bulletin considers HMRC's updated guidance on the Statutory Residence Test, which extends the "exceptional circumstances disregard" in light of the COVID-19 pandemic. Read more
