Tax News

For this month’s edition, Ed Milliner joins Zoe Andrews to discuss three cases: Sintra (CA) – burden of proof in tax penalty appeals, Lycamobile (UT) – VAT on bundle plans (and two perfect quotes about VAT…), and Muller (CA) – how the partnership notional company fiction interacts with the intangible fixed assets rules. The podcast then covers various UK tax developments including: tax adviser registration rollout with proposed delay for in house teams in the financial services industry, NAO report on taxing large businesses, and uncertain Tax Treatment consultation on extending the notification regime – including a possible new trigger where HMRC’s position is not known and there is more than one credible legal interpretation.

For this month’s edition, Jamshed Bilimoria joins Zoe Andrews to discuss three cases: Hotel La Tour (Supreme Court judgment on input VAT recovery on deal fees), Tower One St George Wharf (Court of Appeal decision on SDLT and anti‑avoidance) and Font (High Court decision on judicial review in MAP dispute).   The podcast then covers aspects of the Autumn Budget and Finance Bill including: mandatory tax adviser registration, SDRT exemption for newly listed companies, reform of transfer pricing, and permanent establishment (PE) rules; and the new corporation tax charge replacing DPT and changes to the share for share exchange rules and the impact on clearances.   Jamshed and Zoe go on to explore international developments in two areas: the OECD’s global minimum tax “side‑by‑side package” (including new safe harbours and simplification measures) and the OECD updates on global mobility, including when home‑working may (or may not) create a PE.

For this month’s edition, Alex Sim joined Zoe Andrews to discuss three cases of the FTT: Dialog (the tax treatment of break fees), Boulting (purchase of own shares was not a distribution) and Ferrero (the VAT treatment of Nutella biscuits).    The podcast then covers HMRC’s campaign on management expenses and HMRC’s policy (set out in Revenue & Customs Brief 6 (2025)) on VAT deduction on insurance intermediary services supplied outside the UK following the FTT’s decision earlier this year in Hastings Insurance.   Alex and Zoe go on to explore various international developments including the OECD’s recent APA/MAP awards and France’s proposal to double the rate of its digital services tax.

Sarah Osprey joined Zoe Andrews and Tanja Velling to discuss trends in HMRC enquiries and the use of criminal investigation powers in a tax context. The podcast then covers the Supreme Court’s decision in Prudential Assurance on the interaction between the VAT grouping and time of supply rules, and the CJEU’s decision in Arcomet Towercranes that transfer pricing adjustments can trigger VAT liabilities.

Sarah Osprey joined Zoe Andrews and Tanja Velling to talk about tax disputes and our exciting new project in this area. The podcast further covers three decisions of the First-tier Tribunal: Currys Retail on the capital gains tax degrouping charge Millennium Cash & Carry, the first case on the so-called “sugar tax” which highlights the limits of statutory construction Motorplus on VAT recovery with the FTT commenting on HMRC’s extraordinary behaviour Zoe and Tanja go on to discuss L-Day materials including draft legislation for inheritance tax on inherited pension and death benefits, HMRC’s increased powers to close in on promoters, and the mandatory registration requirement for tax advisers interacting with HMRC, as well as certain other UK and international tax developments.

Zoe Andrews and Tanja Velling discuss the following recent cases: Dolphin Drilling: the Supreme Court’s decision on the meaning of “incidental” should not be read as having wider application beyond the oil contractor regime Haworth (Court of Appeal) applying the place of effect management test to a trust in the context of a “round the world” capital gains tax scheme Marlborough DP (Court of Appeal) on the tax treatment of a remuneration structure involving loans made by a trust and the meaning of “in connection with” in Part 7A of ITEPA Osmond: the Upper Tribunal held that it was an error of law to equate seeking a capital gains tax relief with having a main purpose of obtaining an income tax advantage Eastern Power Networks (First-tier Tribunal), a cautionary tale on structuring to maximise consortium relief The podcast also covers HMRC’s new guidance on advance pricing agreements for cost contribution arrangements, the government’s recently published tax policy making principles, Revenue & Customs Brief 4 (2025) on input tax recovery in respect of investment and administration costs linked to occupational pension funds and what’s next for Pillar Two.

Zoe Andrews and Tanja Velling are joined by Arvind Ravichandran, Tax Partner at Cravath, to discuss the impact the proposed section 899 could have on US capital markets if enacted but how it is unlikely to be a big issue in practice. They cover: The purpose and potential withdrawal from the Bill of Section 899, a proposed tax on foreign investors, in response to global tax developments How changes to the GILTI regime aim to more closely align U.S. tax policy with OECD standards The mix of permanent tax cuts and temporary “America First” measures included in the Bill Key negotiation points for Congress including the SALT cap, Medicaid reforms, and clean energy tax credits

Zoe Andrews and Tanja Velling discuss the Upper Tribunal’s decisions in Walkers Snack Foods on the VAT classification of “Sensations Poppadoms” and Rettig Heating Group, the judicial review of HMRC’s refusal of a late claim to set off a non-trading loan relationship deficit. They then discuss the Court of Appeal’s decision in Beard on the meaning of “dividends of a capital nature”. The podcast also covers the UK government’s plans to modernise stamp taxes on shares, draft legislation for the reform of diverted profits tax, and transfer pricing and permanent establishment legislation, and a consultation on the potential changes to the process for resolving tax disputes. It further discusses HMRC’s revised unallowable purpose guidance and international news including on a US tax change (the addition of a new Code section 899) that could significantly increase the tax cost of investing in the US for residents of countries that are deemed to impose “unfair” taxes.

Zoe Andrews and Tanja Velling discuss the First-tier Tribunal’s decisions in: Candy giving overpayment relief for an SDLT charge on the substantial performance of a contract that was later cancelled Refinitiv on the taxpayer’s successful application for a direction to issue closure notices Vaccine Research Limited Partnership where purposive construction was used to look at transactions in the round and conclude that certain licence fees were not “income”  They also cover the Court of Appeal’s decision in WTGIL on the scope of the VAT exemption for insurance intermediation.  The podcast further discusses the postponement of the consultation on the tax treatment of pre-development costs, HMRC’s revised guidance on the salaried members rules, legislation on territories recognised as having implemented a qualifying income inclusion rule or domestic minimum tax, and a few other UK domestic and international developments. 

Partner Alex Dustan from our Infrastructure and Energy team joined the April 2025 edition of our Tax News podcast to discuss the consultation on a “new permanent mechanism…to respond to future oil and gas price shocks” once the Energy Profits Levy ends, and the Court of Appeal’s decision in Gunfleet Sands on tax relief for pre-development costs. Zoe Andrews and Tanja Velling discuss the consultation on advance tax certainty for major projects and certain other points from the UK Chancellor’s Spring Statement. The podcast further covers the First-tier Tribunal’s decision in Hastings Insurance Services allowing input tax recovery in respect of a so-called “offshore looping structure” - the decision is of wider interest as an example of the application of the UK’s VAT rules post-Brexit - and the Court of Appeal’s decision in Innovative Bites on the VAT classification of Mega Marshmallows. Zoe and Tanja also touch on some EU developments.

In this podcast, tax associate Stephanie Mullins joins Zoe Andrews and Tanja Velling to discuss the UK Supreme Court’s decision in Royal Bank of Canada which could call into question received wisdom on the Ramsay principle of statutory interpretation. Zoe and Tanja draw out lessons on evidence and witness selection from the First-tier Tribunal’s decision in Lloyds Asset Leasing before touching on a High Court decision in a VAT-related judicial review, HMRC’s revised view on Condition C in the salaried members rules, updates on changes to inheritance tax reliefs and business rates, and a National Audit Office report on the administrative cost of the UK tax system. The podcast’s international section focuses on the US with updates on the domestic tax policy process, a new reciprocal trade and tariff policy, and a memorandum which foreshadows US action against digital services taxes and wider policies to regulate digital businesses.

In this podcast, Tax Associate Nadia Hourihan joins Zoe Andrews and Tanja Velling to discuss the Court of Appeal’s decision in ScottishPower that payments in lieu of penalties are tax deductible (even though no tax deduction would have been available for the penalties themselves).   Zoe and Tanja further discuss the First-tier Tribunal’s decision in NHS Mid & South Essex that withholding tax applied to an interest element included in certain redress payments. The podcast also covers the potential impact of President Trump’s inauguration day announcement on international tax reform, before diving into recent UK developments in relation to the multinational top-up tax and the domestic top-up tax (new draft HMRC guidance and government amendments to the Finance Bill) and OECD publications on Pillar Two, including new Administrative Guidance.

In this podcast, Zoe Andrews and Tanja Velling discuss the First-tier Tribunal’s decision in Blackfriars Hotel applying an anti-avoidance provision in the loss relief regime to a loss-refreshing transaction reminiscent of the Kwik-Fit unallowable purpose case. They also discuss the First-tier Tribunal’s decision in Grint on the sale of occupational income rules (which had been used by HMRC as an alternative argument in the BlueCrest, HFFX and BCG  partnership remuneration cases) and the Court of Appeal’s decision in Refinitiv, a judicial review case concerning the compatibility of diverted profits tax notices with a prior advance pricing agreement. They are then joined by Tax Associate Kasim Mehmood for a discussion of the Supreme Court’s approach to interpreting tax legislation in Cobalt Data Centre and changes to HMRC’s capital gains manual in respect of the reorganisation rules. The podcast also covers PISCES, a proposed new type of regulated trading platform for private shares, and what 2025 might bring in terms of UK, EU and US tax developments, including (in case of the UK) various consultations on changes to the transfer pricing rules as well as potential enquiry activity in this area.

In this special episode of our Tax News podcast, Zoe Andrews and Tanja Velling asked Arvind Ravichandran, Tax Partner at Cravath, Swaine & Moore LLP, what U.S. tax policy may look like during a second Trump Administration. During the episode, we cover: The significance of the Republican Party achieving a “trifecta” in the November 2024 elections. How tax legislation can be passed by simple majority vote through the Budget Reconciliation process. What policy proposals could be on the table and how you can look out for clues as the incoming Administration’s policies develop. Listen to the podcast to learn more about what might happen next on U.S. tax policy.

In this podcast, Catrin Young, Senior Professional Support Lawyer in the Pensions Team, joins Zoe Andrews and Tanja Velling to discuss the government’s policy decision at the Autumn Budget to bring unused pension savings and death benefits into the scope of inheritance tax (with the charge to be administered by pension trustees), and HMRC’s recent clarification that the authorised surplus payment charge payable by the trustees of a defined benefits scheme when returning a surplus to an employer is to be calculated by reference to the gross amount of the surplus (rather than the amount received by the employer). Zoe and Tanja also discuss the increase in late payment interest from April 2025, two updates to HMRC guidance, the UK expert panel’s report on a potential corporate re-domiciliation regime and certain international developments. The podcast further covers three UK cases: the First-tier Tribunal’s decision in Syngenta, denying interest deductions for a loan created in an intra-group reorganisation under the unallowable purpose rule in section 441 of the Corporation Tax Act 2009, and the Upper Tribunal’s decisions in Gould on the tax point for an interim dividend where two shareholders were paid around eight months apart, and in Panayi on conforming interpretation.

In this podcast, tax associate Alex Sim joins Zoe Andrews and Tanja Velling to discuss the Upper Tribunal’s decision in Muller on the interaction of certain provisions in the intangible fixed assets regime with the rules on the taxation of partnerships.   Zoe and Tanja also discuss the CJEU’s decisions in the Apple and UK CFC rules State aid cases, the Supreme Court’s decision in Professional Game Match Officials Limited on employment status and the stamp duty land tax case Brindleyplace in which the First-tier Tribunal employed purposive construction in favour of the taxpayer.

In this podcast, Zoe Andrews and Tanja Velling highlight points related to the Chancellor’s statement on public spending inheritance. They also discuss updated HMRC guidance on the multinational top-up tax and domestic top-up tax and comments from the business community. Before moving on to HMRC statistics on the tax take and litigation outcomes for 2023/24, Zoe and Tanja discuss VAT and the Clapham omnibus, two VAT-related developments in the EU and the Supreme Court’s decision in Centrica on the deductibility of M&A advisers’ fees as expenses of management.

Join Tanja Velling, co-host of our Tax News podcast and Tax Partners, Dominic Robertson and Charles Osborne, as they discuss the unallowable purpose rule, one of the UK's restrictions on companies deducting interest when calculating profits subject to corporation tax. This episode dives into: How this rule disallows interest deductions where a company’s borrowing is for a main tax avoidance purpose; and recent Court of Appeal decisions on what constitutes a main tax avoidance purpose and what this means for taxpayers, particularly in an M&A context.

In this podcast, Zoe Andrews and Tanja Velling share thoughts on the IFS publication “The government’s record on tax 2010-24” and HMRC’s estimate of the tax gap for the tax year 2022/23 in the context of Labour’s general election victory. They also discuss the Court of Appeal’s decisions in JTI on the unallowable purpose rule in the loan relationships regime and Altrad Services on an attempt to create a “magical” uplift in qualifying expenditure for capital allowances, and the Upper Tribunal’s decision in Watts on a gilt strip scheme. The podcast further touches on wealth taxes, the US Supreme Court decision in Moore and the Australian Full Federal Court decision in PepsiCo (as a follow-on from our special podcast series on international tax disputes), updates from the OECD and the EU’s FASTER proposal on withholding taxes.

In this podcast, Zoe Andrews and Tanja Velling discuss the Upper Tribunal’s decisions in the remuneration trust case Marlborough DP and the VAT classification case Innovative Bites. In considering the latter, Zoe and Tanja also touch on a recent IMF paper with a design proposal for a progressive VAT system. The podcast further covers the Court of Appeal’s judgment in Hotel La Tour on input tax recovery in respect of deal fees and the Upper Tribunal’s decision in Burlington Loan Management on the application of the purpose test in the UK/Ireland tax treaty and its impact on the secondary debt market. The upcoming general election in the UK is mentioned only briefly to explain why it is unlikely that there will be a Budget before the middle of September.

What does the recent trend of criminalisation of transfer pricing matters in France mean for businesses operating in the country? What tools are tax authorities in France using to obtain information and to enforce the rules? What action can be taken to minimise French transfer pricing risk and what options are available to resolve disputes? Julien Gayral, Partner at Bredin Prat, joined Charles Osborne and Zoe Andrews to discuss these questions and more. This is the final episode in a series on tax disputes risks. In addition to France, the series covers Brazil, the USA, Australia, India and Nigeria.

How do Nigerian tax disputes generally proceed? Should taxpayers continue to comply with the transfer pricing regulations although their validity is in question? How are plans for a tax amnesty likely to develop? Lolade Ososami, Partner at Udo Udoma & Belo-Osagie, joined Sarah Osprey and Tanja Velling to discuss these questions and more. This is the fifth of six episodes in a series on tax disputes risks. In addition to Nigeria, the series covers Brazil, the USA, Australia, India and France. Episodes are released weekly. Subscribe to the Tax News show to be notified of new episodes.

Why is India's tax disputes landscape unique? How should taxpayers best approach dealings with the Indian tax authority? What is the impact on taxpayers of the recent case concerning the most favoured nation clause in Indian tax treaties, including for multinationals taking dividends out of India? Mukesh Butani, Founder and Managing Partner of BMR Legal Advocates, spoke with Sarah Osprey, Partner in Slaughter and May’s Tax Practice, and Zoe Andrews, Head of Tax Knowledge at Slaughter and May, to answer these questions and more. This is the fourth of six episodes in a series on tax disputes risks. In addition to India, the series covers Brazil, the USA, Australia, Nigeria and France. Episodes are released weekly. Subscribe to the Tax News show to be notified of new episodes.

In this podcast, Zoe Andrews and Tanja Velling discuss two Court of Appeal decisions on the loan relationships unallowable purpose rule in section 441 of the Corporation Tax Act 2009: BlackRock and Kwik-Fit. In both cases, the Court of Appeal confirmed the Upper Tribunal’s decision that there was an unallowable tax avoidance purpose. In BlackRock, this led to a complete disallowance of all interest deductions whereas, in Kwik-Fit, the deductions could be partly attributed to the taxpayers’ commercial purpose and consequently allowed. The podcast draws out key lessons. Zoe and Tanja also discuss the Court of Appeal’s welcome clarification, in Hargreaves Property Holdings, that the exemption from withholding tax for interest to which a UK-resident company is beneficially entitled is not automatically lost merely because the company on-pays the interest. The podcast further covers changes to HMRC guidance, including on the exemption from the 1.5% stamp taxes charge, clearances in respect of the purpose test in the capital gains tax reorganisation rules and the post-Brexit interpretation of VAT and excise law, as well as international tax developments at the OECD and UN.

What is the Australian Taxation Office’s approach to tax compliance for multinationals? Does the ATO take into account a wider range of factors than HMRC when considering a settlement? What does the PepsiCo decision mean for the ATO’s expansive definition of “royalties”? Angela Wood, National Practice Group Leader of Clayton Utz Tax Practice, joins Richard Jeens, Co-Head of Slaughter and May’s Tax Disputes Practice, and Tanja Velling, Tax PSL Counsel at Slaughter and May, discuss these questions and more. This is the third of six episodes in a series on tax disputes risks, their prevention and resolution. In addition to Australia, the series covers Brazil, the USA, India, Nigeria and France. Episodes are released weekly. Subscribe to the Tax News show to be notified of new episodes.

What are current trends in US tax disputes? How can you reduce litigation risk? What is the Supreme Court likely to make of Moore, a case that could call into question large swathes of the US tax system?  Clark Armitage, Transfer Pricing Advisor and Member at Caplin & Drysdale, joins Dominic Robertson, Co-Head of Slaughter and May’s Tax Disputes Practice, and Tanja Velling, Tax PSL Counsel at Slaughter and May, to delve into these questions and more. This is the second of six episodes in a series on tax disputes risks, their prevention and resolution. In addition to the USA, the series covers Brazil, Australia, India, Nigeria and France. Episodes are released weekly. Subscribe to the Tax News show to be notified of new episodes.

Brazil has a highly litigious tax environment; companies rarely have fewer than ten ongoing disputes. To what extent is the environment improving through the introduction of a settlement process, legal reforms undertaken with a view to future OECD membership and the overhaul of Brazil’s complicated indirect tax system? To find out, listen to this episode with Ricardo Bolan, Co-Head of Lefosse Advogados’ Tax Practice, Dominic Robertson, Co-Head of Slaughter and May’s Tax Disputes Practice, and Zoe Andrews, Slaughter and May’s Head of Tax Knowledge. This is the first of six episodes in a series on tax disputes risks, their prevention and resolution. In addition to Brazil, the series covers the USA, Australia, India, Nigeria and France. Episodes are released weekly. Subscribe to the Tax News show to be notified of new episodes.

In this podcast, Zoe Andrews and Tanja Velling discuss the Court of Appeal’s decision in Prudential on the interaction between the VAT grouping and time of supply rules, and the Upper Tribunal’s decisions in Beard (which followed First Nationwide in holding that a distribution by a Jersey company out of share premium was an income dividend) and Sehgal which considered the remittance basis rules in the context of a transaction undertaken in lieu of an indemnity payment under a share purchase agreement. The podcast also covers certain measures included in the Spring Finance Bill, most notably draft legislation to reverse the Supreme Court’s decision in Fisher (which rejected HMRC’s argument that, where a company makes a transfer, the shareholders could be treated as quasi-transferors for the purpose of the transfer of assets abroad rules). Zoe and Tanja further touch on the UK’s proposed carbon border adjustment mechanism and HMRC’s updated guidance on aspects of the new R&D relief regime. In terms of international tax topics, the podcast features the UK’s planned introduction of an anti-abuse rule to prevent the exploitation of the CbCR transitional safe harbour under Pillar Two and the OECD’s Sixth Peer Review Report on the Prevention of Tax Treaty Abuse.

In this podcast, Zoe Andrews and Tanja Velling share thoughts on the Spring Budget and the following recent cases: the Court of Appeal’s decision in Clipperton on a dividend replacement scheme, and the First-tier Tribunal’s decisions in Keighley, Stolkin and Mahmood, focussing respectively on the meaning of “control”, the question whether a company was trading following the appropriation to trading stock of land purchased as an investment, and whether a transaction was void because of a mistake as to its tax consequences. The podcast also covers recent changes to HMRC’s guidance in respect of the salaried members rules and stamp taxes on shares as well as the call for evidence on the tax administration framework. Zoe and Tanja further touch on challenges to DAC6 and FATCA, the UN’s work on a framework convention on tax cooperation and other international tax news.

In this podcast, Zoe Andrews and Tanja Velling discuss two First-tier Tribunal decisions. One is a fun case and they’ve set this up a mystery to be solved in the first few minutes of the podcast. The other FTT decision is Bolt Services on the VAT treatment of taxi rides booked through a ride-hailing app.  The podcast also covers the Court of Appeal’s decision in Dolphin Drilling considering the meaning of the word “incidental”; the immediate context for the decision is the hire cap under the oil contractors’ regime, but the decision may have implications in other tax contexts, such as for determining whether something is a “main purpose” for the unallowable purpose test in the loan relationships regime.  Zoe and Tanja further discuss new HMRC guidance on transfer pricing, the summary of responses to HMRC’s consultation on reforming transfer pricing, permanent establishments and Diverted Profits Tax legislation and HMRC’s latest transfer pricing and DPT statistics, as well as the OECD’s ICAP statistics and Pillar 2 impact assessment.

To celebrate the launch of our new Tax News shows, we have released an extra episode so you can find out more about the hosts of our monthly episodes, Zoe Andrews and Tanja Velling.

In this podcast, Zoe Andrews and Tanja Velling discuss the First-tier Tribunal’s decision in Harber on the dangers of relying on legal research conducted by generative AI, certain points on tiered partnership structures and the Ramsay doctrine from the Court of Appeal’s decision in BCM Cayman, and the CJEU’s decision in the Amazon State aid case. The podcast also covers the summary of responses in respect of HM Treasury’s consultation on the VAT Treatment of Fund Management Services, changes to HMRC’s guidance on foreign entity classification and the latest Pillar Two-related materials published by the OECD and HMRC.

In this podcast, Zoe Andrews, Tanja Velling and Nele Dhondt discuss the CJEU decision in the Engie State aid case, the Advocate General's opinion in the Apple State aid case, the UK Supreme Court's decisions in Skatteforvaltningen and in Fisher on the transfer of assets abroad regime. The podcast also covers the UN Resolution on a framework convention on international tax cooperation and the OECD’s Tax Certainty Day and MAP statistics.

In this podcast, Emma Game and Tanja Velling discuss the Supreme Court’s decision in Vermilion considering whether a particular securities option was employment-related, the Court of Appeal’s decision in Delinian (formerly Euromoney) on the purpose test in the capital gains tax reorganisation rules, and the Upper Tribunal’s decision in Refinitiv, a judicial review case where the taxpayers argued that a diverted profits tax notice was inconsistent with an advance pricing agreement.

In this podcast, Zoe Andrews and Tanja Velling discuss the Upper Tribunal’s decision in ScottishPower on the deductibility of payments made pursuant to an agreement with the regulator at the end of an investigation and the Supreme Court’s decision in Target Group on the scope of the VAT exemption for financial services. The podcast also covers draft legislation for Finance Bill 2023-24 in respect of the removal of the 1.5% stamp duty and SDRT charge on issues and transfers integral to capital raisings and further changes to the UK’s implementation of the Pillar Two GloBE Rules. Zoe and Tanja discuss the draft legislation for the transitional UTPR safe harbour and the QDMTT safe harbour, and how tax imposed under the Subject-to-Tax Rule fits within the GloBE rules. They further touch on developments in respect of the Multilateral Convention to Implement Amount A of Pillar One and the European Commission’s proposals for two new corporate tax directives concerning, respectively, the harmonisation of the corporate income tax base under the Business in Europe: Framework for Income Taxation (BEFIT) and the incorporation of the arm’s length principle and OECD Transfer Pricing Guidelines into EU law.

In this podcast, Zoe Andrews and Tanja Velling discuss the Upper Tribunal’s decisions in JTI Acquisitions Company on the loan relationships unallowable purpose rule, Hotel La Tour on input tax recovery in respect of advisers’ fees on a share sale to raise funds for downstream economic activity, and M Group Holdings on the substantial shareholding exemption. They also discuss the First-tier Tribunal’s decision in Wilkinson on the unallowable purpose rule in the capital gains tax reorganisation rules. The podcast further covers certain draft legislation for Finance Bill 2023-24 published on 18 July 2023, including the proposal for a single merged regime for tax reliefs for research and development, and provides an update on international tax reform, focussing the UK’s proposed implementation of the UTPR, and the QDMTT safe harbour and transitional UTPR safe harbour in the second tranche of Administrative Guidance published on 17 July 2023 by the Inclusive Framework.

In this podcast, Zoe Andrews and Tanja Velling are joined by Nele Dhondt to discuss the EU’s Foreign Subsidies Regulation, how it could apply in the tax context and what steps can be taken to prepare for its coming into force. They also discuss the Advocate General’s opinion in the Amazon State aid case, recommending that the Court of Justice upholds the General Court’s decision that had annulled the European Commission’s finding of State aid. In relation to the UK, the podcast considers HMRC’s draft guidance on the multinational top-up tax (the first tranche of which has been published for consultation until 12 September) and HMRC’s updated guidance on the loan relationships unallowable purpose test. Zoe and Tanja also discuss the consultation on the reform of the UK’s transfer pricing, permanent establishment and Diverted Profits Tax legislation, the announcement of the “Energy Security Investment Mechanism” which should effectively bring forward the end date of the Energy (Oil and Gas) Profits Levy if oil and gas prices fall below certain thresholds, and the Upper Tribunal’s decision in Hargreaves Property Holdings on interest withholding tax.

In this podcast, Zoe Andrews and Tanja Velling discuss the Court of Appeal’s decision in McClean v Thornhill KC on duty of care in the context of tax advice, the First-tier Tribunal’s decision in Buckingham on the tax treatment of a US dividend, the Upper Tribunal’s decision in Spring Capital on whether questions of Scots law are questions of fact or law, and the Advocate General’s opinion in the Engie State aid case. They further discuss the consultations on the modernisation of stamp taxes on shares and the introduction of a new fund structure, the Reserved Investor Fund (Contractual Scheme), which were published as part of the Tax Administration and Maintenance Day on 27 April 2023. The podcast also covers the potential QDMTT safe harbour, the status of Pillar Two implementation across different jurisdictions, and a Brexit-related change to HMRC’s practice on late payment interest as well as an update on the Retained EU Law (Revocation and Reform) Bill.

In this podcast, Zoe Andrews and Tanja Velling discuss a few highlights from the Spring Budget, including certain pensions tax changes, the temporary introduction of full expensing for expenditure that would otherwise attract capital allowances at the main rate of 18%, an update on tax reliefs for research and development and changes to the application of certain administrative provisions in respect of the assessment of capital gains tax (or corporation tax on chargeable gains) on the completion of unconditional contracts. 

In this podcast, Zoe Andrews and Tanja Velling discuss the Upper Tribunal’s decisions in Harrison, confirming the demise of the doctrine of “staleness” in relation to discovery assessments, and Morrisons on the standard to be applied when reviewing the First-tier Tribunal’s assessment of a multi-factorial test.  They also discuss HMRC’s Transfer Pricing and Diverted Profits Tax statistics for 2021-2022, showing inter alia a significant reduction in the number of Advance Thin Capitalisation Agreements, and the report on HMRC’s Financial Institution Notice powers, confirming that HMRC will not use the powers to request taxpayer location data, but may use them to request information on a financial institution’s employees and contractors.  The podcast further provides an update on international tax reform, looking in particular at the impact assessment and administrative guidance recently published by the OECD, discusses the OECD’s new Manual on the Handling of Multilateral Mutual Agreement Procedures and Advance Pricing Arrangements and notes HM Treasury’s more detailed response to its online sales tax consultation, following the announcement at the Autumn Statement that no such tax would be introduced.

In this podcast, Zoe Andrews and Tanja Velling discuss the decision in Urenco Chemplants where the Court of Appeal corrected a drafting error in the Capital Allowances Act 2001 and a range of other UK developments, including the technical consultation on the VAT treatment of fund management services, the evaluation plan for the notification of uncertain tax treatment for large businesses, the extension of the definition of “investment transaction” for the purposes of the investment management exemption to include cryptoassets, the draft guidance on upcoming changes to the R&D tax reliefs regime, the Office of Tax Simplification’s report on hybrid and distance working and the draft regulations for the new transfer pricing documentation requirement.

In this podcast, Zoe Andrews and Tanja Velling discuss the UK’s first comprehensive tax treaty with Brazil which was signed on 29 November 2022 as well as certain highlights from the Autumn Statement and in relation to the Autumn and Spring Finance Bills, including an update on the UK’s implementation of Pillar Two and the new Electricity Generator Levy to be legislated for in the Spring Finance Bill. The podcast also covers two recent cases: the Court of Appeal’s decision in Centrica on the deductibility of advisory fees incurred in relation to the realisation of an investment as investment management expenses under section 1219 of the Corporation Tax Act 2009 and the Upper Tribunal’s decision in Kwik-Fit on the loan relationships unallowable purpose test in section 441 of the same Act. Zoe and Tanja further provide an update on the UK’s proposed replacement of its scaled-back DAC6 implementation and the National Audit Office Report on the Digital Services Tax.

In this podcast, Zoe Andrews and Tanja Velling discuss the CJEU’s decision in Fiat on fiscal State aid and the Supreme Court’s decision in NHS Lothian on historic claims for input tax recovery. They also discuss UK Finance’s report on the total tax contribution of the UK banking sector, the designation of the 2022 edition of the OECD’s Transfer Pricing Guidelines under TIOPA and the removal of the expiry date for the regulatory capital exemption from the UK’s anti-hybrid rules. The podcast covers the OECD’s “Progress Report on the Administration and Tax Certainty Aspects of Amount A of Pillar One” and its report on “Tax Incentives and the Global Minimum Corporate Tax” as well as the Public Accounts Committee’s inquiry into the UK’s digital services tax. Zoe and Tanja also discuss the recent signature of two separate multilateral competent authority agreements on the automatic exchange of, respectively, information reported by digital platform operators on their sellers and information reported by intermediaries (or, in certain circumstances, taxpayers) in relation to arrangements intended to circumvent the Common Reporting Standard or structures that disguise the beneficial ownership of assets, in each case in the context of existing or proposed UK regulations on the topic.

In this podcast, Zoe Andrews and Tanja Velling discuss the First-tier Tribunal’s decision in Burlington Loan Management considering the purpose test in Article 12 (Interest) of the UK/Ireland double tax treaty and two decision of the Upper Tribunal: Aozora GMAC concerning the interaction between the UK/US double tax treaty and the UK’s rules on unilateral relief and Pickles considering the interpretation of “market value” and “new consideration” in the context of deemed distributions under section 1020 of the Corporation Tax Act 2010.   Zoe and Tanja also discuss the decision of the Inner House of the Court of Session in Ventgrove on the interaction between VAT law and the break clause in a lease, and the Advocate General’s opinion in Gallaher on the compatibility of the UK's group transfer rules with EU fundamental freedoms. The podcast further considers the potential impact of the Retained EU Law (Revocation and Reform) Bill in the tax context as well as announcements made as part of the Growth Plan announced by the Chancellor on 23 September 2022, including proposals to reverse the planned increase in the rate of corporation tax, abolish the health and social care levy before it takes effect, undo the 2017 and 2021 changes to the IR35 rules and make the temporary £1 million level of the annual investment allowance permanent.

In this podcast, Zoe Andrews and Tanja Velling discuss the Upper Tribunal’s decisions in HMRC v Euromoney Institutional Investor PLC on the application of the purpose test in the reorganisation rules (section 137(1) TCGA), in HMRC v BlackRock Holdco 5, LLC on transfer pricing and the unallowable purpose test in the loan relationship rules (section 441 CTA 09), and in Altrad Services Limited v HMRC on statutory interpretation. They also discuss the planned OTS review of distance working, an update to the Uncertain Tax Treatments by Large Businesses Manual, confirming that the result provided by HMRC’s Check Employment Status for Tax (CEST) tool may constitute a “known position”, and the first GAAR panel opinion in favour of the taxpayer. The podcast also highlights proposed legislative changes in three areas: two measures for which draft legislation was published on L-day - certain changes to the Qualifying Asset Holding Companies regime and the introduction of the Pillar 2 GloBE Income Inclusion Rule in the UK in the form of a new “multi-national top-up tax” - and the UK Treasury’s consultation on the codification of the sovereign immunity exemption which would narrow its application to UK source interest.

In this podcast, Zoe Andrews and Tanja Velling discuss the General Court’s decision in the EU State aid case in respect of the finance company exemption in the UK’s CFC rules and the Supreme Court’s decision in Zipvit on input tax recovery. They discuss the recently announced Energy Profits Levy and associated investment allowance as well as the results of a survey by the Centre for Policy Studies which looked at the attractiveness of the UK as an investment location. The podcast further provides an update on Pillar One, considering in particular the extended implementation timetable and the consultations on the regulated financial services exclusion and tax certainty, and covers the OECD’s report on “Tax Co-operation for the 21st Century”.

In this podcast, Zoe Andrews and Tanja Velling discuss the First-Tier Tribunal decisions in Sally Judges on the question whether legislative amendments and related materials can influence the interpretation of the provisions in their form before the amendment took effect, in Alexander Beard on the nature of dividends paid out of share premium, in JTI where interest deductions for the intra-group funding of a third party acquisition were denied under the loan relationships unallowable purpose rule and in Hexagon Properties which considers whether a payment of damages effected through a loan waiver is taxable under the loan relationships regime. They also cover the Supreme Court decision in NCL that the taxpayers were entitled to a deduction as a trading expense in respect of their accounting debits recognised on the grant of share options to their respective employees by an employee benefit trust. The podcast further covers the summary of responses published by the UK government in respect of their consultation on the introduction of a UK re-domiciliation regime and the European Commission’s ongoing consultation on a “new EU system to avoid double taxation” including the potential harmonization of withholding tax refunds.

In this podcast, Zoe Andrews and Tanja Velling consider the Chancellor’s Spring Statement which was delivered on 23 March 2022, the latest developments in the two-pillar process towards international tax reform and how the possibility of the UK’s introduction of an online sales tax sits with its international obligations. The podcast also covers a number of recent cases: the Upper Tribunal’s decision in Royal Bank of Canada where payments received by the bank, a Canadian tax resident, were subject to UK corporation tax because they were linked to an oil field, the Court of Appeal’s decision in SKAT v Solo Capital Partners on the admissibility of the Danish tax authority’s claims in relation to withholding tax refunds alleged to have been obtained through misrepresentation, the First-tier Tribunal’s decision in Cider of Sweden on third party access to documents related to proceedings before the First-tier Tribunal, and the First-tier Tribunal’s decision in Scottish Power, as contrasted with the earlier decision in BES Commercial Electricity, on the deductibility of compensation payments following regulatory failings.

In this podcast, Zoe Andrews and Tanja Velling consider the increasing interest in the link between tax and climate action in particular in light of the High Court decision in R (oao Cox & Others) v The Oil And Gas Authority & Others, the new public interest business protection tax which is proposed to be enacted as part of the current Finance Bill, HMRC’s revised draft guidance on the large business notification of uncertain tax treatment and HM Treasury’s consultation on the UK’s implementation of Pillar Two. They also cover the European Commission’s proposal for a directive to prevent the misuse of shell entities which is commonly referred to as Unshell or ATAD3, considering in particular its potential impact on the UK, as well as the publication of the revised, 2022 edition of OECD’s transfer pricing guidelines, and the Court of Appeal’s decision in the Embiricos case on partial closure notices which confirms that the regime cannot be used to force a judicial determination of a preliminary legal issue.

In this podcast, Zoe Andrews and Tanja Velling are joined by Nele Dhondt to discuss the latest developments in tax State aid cases, focusing in particular on the decision of the Court of Justice in the Spanish financial goodwill case and the AG opinion in Fiat.