No litigation privilege in advice from accountants on tax structure

In this post we consider the recent decision of the High Court in FRC v Frasers Group Plc, a case in which it was held that advice from accountants on a proposed new tax structure was not protected by litigation privilege, even if litigation over the relevant tax affairs was in reasonable contemplation at the time the advice was given. Read more

Mixed-use FinTech services not covered by the Investment Management Exemption

In BlackRock v HMRC (C-231/19), the CJEU held that management services provided by a financial technology services platform for the management of a mix of special investment funds and other investment funds could not benefit from the investment management exemption contained in Article 135(1)(g) of the Principal VAT Directive. Read more

Place of Supply AG Opinion

Advocate General Hogan has delivered his opinion in Wellcome Trust Ltd (C-459/19), setting out his view that a "taxable person" who receives services exclusively for the purposes of non-economic activities will nevertheless be treated as a "taxable person" for the purpose of determining the place of supply of those services (for VAT purposes). Read more

DAC 6 Reporting Deferred in the UK

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

Tax Appeals: Don’t Forget ADR

A Practice Direction issued by the President of the First-tier Tribunal (Tax) reminds taxpayers to consider whether it may be appropriate to engage with HMRC regarding the use of ADR.

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