Tax News

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...

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...

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 Advo...

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...

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 tradin...

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 me...

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...

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’...

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 t...

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...

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 Tribuna...

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...

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...

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 respe...

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...

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 exte...

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 B...

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...

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 interpr...

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...

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...

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 f...

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 decis...

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 lar...