Representative work

Representative engagements 


UK tax appeals

 

Fowler v HMRC [2020] UKSC 22

Fowler v HMRC [2018] EWCA Civ 2544

HMRC v Fowler [2017] UKUT 219

Martin Fowler v HMRC [2016] UKFTT

South African resident employed diver operating in UK North Sea Continental shelf treated as the carrying on of a trade in the UK by s 15 ITTOIA 2005. Income taxable as business profits under Article 7 and not employment income under Article 14 South Africa-UK Tax Treaty 2002. Treaty interpretation in accordance with Vienna Convention on the Law of Treaties. Application of Article 3 (2) South Africa-UK Tax Treaty

 

Bundeszentralamt Für Steuern v MF Global UK Limited (in special administration) [2019] EWHC 705 (Ch)

Advice and drafting submissions on jurisdiction over disputed German tax liability in UK administration. Application of the Revenue Rule, article 28 of the Germany- United Kingdom Tax Treaty and Article 13(3) of Schedule 1 to the Cross-Border Insolvency Regulation 2013.


Michael Macklin v HMRC [2015] UKUT 0039 (TCC)

Macklin v HMRC [2013] UKFTT 554

World Bank pension scheme established in United States within Article 3(1)(o) of UK-US Tax Treaty. Pensions paid to UK residents exempt under art 17. Treaty interpretation in accordance with Vienna Convention on the Law of Treaties. Admissibility of expert evidence on foreign law and on treaty meaning.


Western Ferries Limited v HMRC [2011] UKFTT 243

Tonnage tax- meaning of qualifying vessel certificated for navigation at sea, estuary, harbour; interpretation of statute where EU State Aid involved.


Tax appeals in other countries

 

Advice on evidence and law; drafting submissions and argument in appeals to courts and tribunals.

 

Addy v Commissioner of Taxation [2020] FCFCA

Australia- UK treaty. Application of non-discrimination (articleArt 25(1)). Australian “backpacker tax” more burdensome on foreigners than Australian nationals in the same circumstances.

 

Formula One World Championship Ltd v Commissioner of Income Tax, International Taxation (Supreme Court of India) (2017), http://sci.gov.in/jonew/judis/44818.pdf

Whether F1 had a permanent establishment at the racing circuit in India where the Indian Grand Prix was staged. Case turned on the meaning of “permanent establishment” in Article 5(1) of the India-UK double tax treaty in the case of presence for very short periods over several years.

 

Bywater Investments Limited & Ors v Commissioner of Taxation [2016] HCA 45 (High Court of Australia)

Residence of companies, meaning of “central management and control”, meaning of “place of effective management”.

 

Lehman Brothers Holdings Inc. v United States 2015-1 USTC ¶50,323

Availability of foreign tax credit in the United States for UK tax on substitute dividend payments received by a US company from a UK subsidiary under back-to-back stock loan transactions. The payments were treated as dividends for UK tax but not for US tax.


Heritage Oil Limited v Uganda Revenue Authority

Uganda Court of Appeal: sale of interest in Ugandan Oil licence; whether disposal gives rise to Uganda source capital gain; application of Mauritius-Uganda Tax Treaty.


ABC (PTY) LTD v Commissioners of South Africa Revenue Service Case 2441 28, October 2010. (SARS v Tradehold Ltd [2012] ZASCA 61)

South African Tax Court: Application of Luxemburg-South Africa tax treaty to exit tax on deemed disposal.


Velcro Inc v The Queen [2012] TCC 57

Tax Court of Canada: Meaning of beneficial ownership in Canada- Netherlands tax treaty

 

Expert in international arbitrations

 

Expert opinion on interpretation and application of Morocco- United Kingdom tax treaty in ICC Arbitration, Paris

 

Vedanta Resources PLC v India

 

Expert opinion on retrospective tax legislation and India-United Kingdom Bilateral Investment Treaty in UNCITRAL Arbitration before the Permanent Court of Arbitration


Permanent establishments

 

Dispute with HMRC over the existence of and attribution of profit to a permanent establishment of a company resident in the Netherlands, in accordance with article 4 of the Netherlands-UK treaty, under UK domestic law and articles 5 and 7 of the treaty. FT 500 World’s Largest Companies member with high stakes potential tax liability.

 

Cyprus-UK treaty. If and when different kinds of drilling ships can constitute a “permanent establishment” under article 5. 


Yugoslavia-UK and Croatia- UK Tax Treaties. Article 5(3); Building, construction or installation permanent establishment ; independent personal services article 14.


Cyprus-UK Tax Treaty: UK Oil brokerage and logistical services company acting on behalf of non-resident parties; Whether giving rise to UK PE; Application of Diverted Profits Tax.


Kazakhstan- UK Treaty: Attribution of profits to a permanent establishment (Tax appeal in Kazakhstan).


US - UK Treaty and others – Attribution of profits to permanent establishment for US company with multiple European permanent establishments.


Transfer pricing

 

Dispute with HMRC over whether pricing was careless because it was outside the arm’s length range and in dealing with professional advice on pricing.

Appeal against assessment in relation to related party finance: Whether interest can be imputed on loans which have an equity function; whether interest should be imputed on trade balances; whether taxpayer is a small or medium-sized enterprise; validity of closure notice and required commissioners’ sanction.

 

 

Analog Devices International v Revenue Commissioners - first Irish appeal involving transfer pricing in €43 million corporation tax dispute.

 

South Africa:  Meaning of “participation in management control or capital” in Article 9(1) of South Africa – Switzerland Tax Treaty.


Application of TIOPA 2010 Part 4 transfer pricing legislation to persons who are not enterprises; indirect control; treatment of convertible loans.


Guarantee fees paid by UK resident oil trading company to foreign parent company. Choice and application of methods, recharacterisation of transactions, implicit support, comparability analysis for trading physical and derivative paper trading. Dispute with HMRC.


Brand royalty paid to foreign parent company of multinational insurance group. Meaning of “intangibles”; characterisation of transactions, choice and application of methods. Dispute with HMRC.


Mutual Agreement Procedure: EU Arbitration Convention; time limits; relationship with bilateral Mutual Agreement and arbitration procedures.


Residence and Domicile

 

Advise on complex domicile issues involving non-UK born individual with English parents who immigrated to a federal country - domicile of origin, domicile of choice, domicile of dependence.


Belgium-UK Tax Treaty: application of tie breaker for dual resident individual.
US- UK Tax Treaty: application of treaty to dual resident charities and dual resident trusts.


Hong Kong-UK Tax Treaty: Meaning of Hong Kong Resident.


Canada-UK Tax Treaty: Company resident in both states; tie-breaker in Article 4(3); Mutual Agreement Procedure under Article 25


Remittance basis and American Depository Receipts


Domicile: compatibility of domicile of dependence of married woman with European Convention on Human Rights.


Treaty interpretation and application

 

Korea-UK tax treaty. Dispute with Korean tax authorities over meaning and application of “Other Income” article (article 22) to a deemed gift under Korean domestic law in relation to a multi-jurisdictional corporate reorganisation. The effect of a “special relationship” on the application of the article. Meaning of “beneficial owner” in Article 10(2)(a) (Dividends). High stakes with potential tax liability of hundreds of millions of dollars.

 

 

Ireland- United States tax treaty: Non-discrimination – Irish appeal against denial of group relief for Irish subsidiaries owned by US parent company.

 

Korea-UK tax treaty. Dispute with Korean tax authorities over meaning and application of “Other Income” Article 22 in relation to a multi-jurisdictional corporate reorganisation. The effect of a “special relationship” on the application of the article. Meaning of “beneficial owner” in Article 10(2)(a) (Dividends).

 

Japan-UK Tax Treaty: interpretation of limitation on benefits where English and Japanese versions diverge (Dispute with Japanese tax administration).


Canada-UK Bilateral Air Services Agreement, EU-Canada Air Service Treaty, Article 59 Vienna Convention on the Law of Treaties; Taxation of air transportation profits in Caribbean states.


UK-Malta Treaty: Interpretation of art 22 (elimination of double taxation) - static or ambulatory interpretation


European Union Law

 

Free movement of capital: Whether Transfer of Assets Abroad legislation in ITA 2007 Part 13, Chapter 2 is precluded by free movement of capital.


Cross-border loss relief claims for Anglo-Dutch group.

 

Multiple European social security contributions dispute for internationally mobile executive.


Tonnage Tax and State Aid: Interpretation of “strategic and commercial management.”


Free movement of capital: Whether UK-Swiss Estate and Inheritance Tax Treaty restricts EU rights


International Corporate Tax

 

Music royalties withholding tax: Whether South African withholding tax is payable on royalties paid by a South African licensee to rights holders in the UK, US and the Netherlands under South African domestic law and  Article 12 of the SA-UK, SA-US and SA-Netherlands treaties.

 

Arrangements for the sale of music rights by company owned by an internationally famous singer-songwriter.

 

Advice on corporate reorganisation in connection with establishment of a UK parent company for Indian based multinational group.

 

Characterisation of dividends paid by a Canadian resident company out of capital dividend account to a UK resident.


Controlled Foreign Companies: application of motive test


Canada - UK- Treaty: Dispute on share forward purchase agreement and foreign tax credit (Tax Court of Canada).


Foreign Tax Credit: Whether foreign tax repaid to a connected person is creditable; whether foreign tax refund paid to a shareholder is a dividend.


Spain-UK Tax Treaty, Article 10(3)(b) treatment of dividend paid by UK company to residents of Spain and tax credit entitlement.

 

UK based investment manager in dispute with HMRC over relief from double taxation in connection with California corporate income tax. California treats investment advisory fees as from a California source but HMRC does not. 


France-UK Tax Treaty: Foreign Tax Credit: use of credits following termination of foreign permanent establishment.


Construction Industry Scheme: Territorial scope.


Online auction website: Payments for use of software and IP - annual payments within Chapter 6 or payments connected with intellectual property within Chapter 7 Part 15 ITA 2007.


New Jersey LLC: Characterisation of interests in LLC and LLC status for purpose of income tax, Capital gains tax corporation tax and Inheritance Tax business property relief.


Internationally mobile individuals

 

Whether a payment from a Swiss pension scheme paid to an individual who retired in the UK after working in Switzerland is a “lump sum” within Article 18(2) or a “pension” within Article 18(1) of the Swiss-UK treaty.


Formula 1 driver: Whether endorsement income attributed to UK activities.


US resident professional golfer: Whether endorsement income attributed to UK activities.


Japan-UK Tax Treaty: Double taxation of gains on employee share options.


South Africa-UK Tax Treaty: Credit for South African exit tax on disposal of shares by UK resident, non-domiciled individual, formerly resident in South Africa. Application of remittance basis.


Hong Kong-UK Tax Treaty: Whether lump sum payment is "salaries, wages and other similar remuneration...in respect of an employment" within article 14 or "pensions and other similar remuneration (including a lump sum payment)..in consideration of past employment" within article 17.


Panama-UK Tax Treaty: Whether pension payment “arises” in the UK within article 18.

 

Retired scientist in dispute with HMRC about relief from double taxation on pension payments from past employment in the United States. How far do UK residents have to go in minimising foreign taxes to qualify for double tax relief? Should an individual have to renounce a US green card to minimise US tax in order to claim credit for foreign tax?

 

International Private Client

 

Appeal against assessment against denial of relief from double taxation. UK resident beneficiary of a US resident trust taxed on receipt of a capital payment from the trust out of gains on which the US trust has already paid tax. HMRC deny double tax relief for the US tax paid. Interpretation and application of Article 24 of the UK-US tax treaty.

 

Non-domiciled UK resident individuals in dispute with HMRC over whether foreign income and capital gains are taxable because they have been remitted to the UK. The main issue is the anti-avoidance provisions relating to offshore companies and trusts (ITA 2007, Pt. 13, Ch. 2 and TCGA 1992, s. 13) and whether the exemptions from those rules apply because there is no tax avoidance motive. Income and gains kept wholly outside the UK but a technical remittance made in error by directors of a company. Compatibility of the anti-avoidance provisions with EU law. 


International Administrative Cooperation and Compliance


Exchange of information; Article 26 HMRC information powers under Schedule 36, Finance Act 2008 in response to request from foreign tax authority; old documents, foreign tax authority not compliant with the confidentially obligations required by Article 26(2).


EU mutual assistance directive and France - UK Tax Treaty- exercise of information powers under FA 2008 Sch.36. Information not obtainable in requesting state.


Application of EU Directive 2010/24 and EU Regulation 1189/2011 to recovery of Netherlands tax in the UK.