Key Haven Publications Ltd are to host a seminar on Tuesday February 10th 2015 to discuss Fisher v HMRC and EU Commission v United Kingdom. Members from Tax Chambers, 15 Old Square, will be speaking at the seminar; a provisional timetable can be seen below, and bookings can be made here.
Morning Conference Part 1
09.00 Delegate Registration (for those attending both parts or Part 1 only)
09.30 Chairman’s Introduction
09.35 Fisher v IRC: Facts and Issues – Robert Venables Q.C.
10.00 Transfer of Assets Abroad Provisions post Fisher v HMRC – Pure UK Aspects
– Stephen Brandon Q.C.
Does income tax need to have been avoided? – Which individuals, if any, can be treated as a transferor where the actual transferor is a company? – What is the scope of the motive defence? – When does income arise from an offending transfer and / or associated operations?
10.45 Discussion Session with Coffee
11.00 Fisher v HMRC – EU Law Issues – Rory Mullan
Are the Transfer of Assets Abroad Provisions at all consistent with EU law? – Free movements of Capital – Right of establishment – Justification – Proportionality – Conforming Interpretation – When is a situation “wholly internal”? – Gibraltar? The Channel Islands? The Isle of Man? Other Crown possession? – Discrimination based on Nationality
12.00 Capital Gains Taxes on Residences – Oliver Marre
HMRC Proposals re “Implementing a Capital Gains Tax Charge on Non-Residents” – When will gains on residences owned by non-residents be taxable? – Interaction with ATED. Principal Residence Relief – Restrictions on Elections for United Kingdom Residents and non-UK Residents – compatibility with EU law?
12.45 Questions to Speakers on Morning Session
Afternoon Conference Part 2
13.30 Delegate Registration (for those attending Part 2 only)
14.00 Chairman’s Opening Remarks
14.05 Capital Gains Tax Offshore Anti-avoidance Provisions – Robert Venables Q.C.
To what extent are Taxation of Chargeable Gains Act anti-avoidance provisions aimed at use of offshore companies and trusts compatible with EU law? Recovery of tax collected in breach of EU law – Interaction of Taxation of Chargeable Gains Act sections 86 and 87 with HMRC’s Implementing a Capital Gains Tax Charge on Non-Residents – Planning.
14.40 United Kingdom Resident Foreign Domiciliaries – James Kessler Q.C.
Recent developments in taxation of foreign domiciliaries – Changed HMRC Practice on remittances – Inheritance Tax spouse exemption for foreign domiciled spouses
15.20 Other Income Tax Offshore Anti-Avoidance Provisions – Harriet Brown
Transfer of Assets Abroad Provisions charges on non-transferors – Relevance of Fisher– Compatibility with EU law? Offshore Income Gains – Compatibility with EU law? Offshore Insurance Bonds – Compatibility with EU law?
16.00 Discussion Session with Tea
16.15 Controlled Foreign Companies – Amanda Hardy
UK Rules and HMRC Guidance – Compatibility of UK Legislation with EU Law
17.00 Questions to Speakers and Panel Discussion
17.30 Close of Seminar
[15 December 2014]