Ross Birkbeck

Ross Birkbeck

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Called 2015, Inner Temple

2014-15 BPTC, City Law School, [Very Competent]
2013-14 GDL, City Law School, [Distinction]
1999-2003 BA Mathematics and Philosophy. Mansfield College, Oxford [First Class]

Ross joined Chambers in 2018 after completing pupillage. He practises in all areas of tax law and accepts instructions to advise or to act alone or as junior counsel in any area of Chambers’ practice.

Particular areas of expertise include private client, close companies, SDLT, charities, disguised renumeration and judicial review. He also accepts instructions is the field of company and commercial law, and appears regularly in the winding up court.

Ross is able to undertake instructions through Public Access.

Ross is the co-editor of The Taxation of Charities and Non-Profit Organisations, and the online moderator of James Kessler QC's Taxation of Non-Residents and Foreign Domicilaries.

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Recent Matters

Zeeman and Murphy v HMRC (ongoing)

Appearing with Robert Venables QC on behalf of the taxpayer in a claim for judicial review of the controversial 2019 loan charges introduced by Finance (No2) Act 2017.

Embiricos v HMRC [2019] TC/2018/03753

Successfully appearing with James Kessler QC before the The First Tier Tribunal, which decided in favour of the taxpayer in the first decision to examine the scope of the Partial Closure Notice regime introduced by Finance (No2) Act 2017.

In a ruling that could have wide application in the enquiry process, Judge Robin Vos accepted the taxpayer's submissions that the Court of Appeal decision in R (Archer) v HMRC [2017] EWCA Civ 1962 did not apply to partial closure notices, and that a partial closure notice in respect of the taxpayer’s domicile could be issued despite HMRC not yet knowing the amount of tax that was due as a result of their decision on the domicile issue.

Michael Brown v HMRC TC/2018/07808 

In an appeal to the First Tier Tribunal against an assessment in respect of SDLT planning, Ross successfully defeated both the Revenue's claim that the appeal was 4 years out of time, and their assertion that because the same planning had already been defeated in Geering v Revenue and Customs Commissioners [2018] UKFTT 233 (TC) the taxpayer's case was unarguable.


Checking the power - Tax Adviser


The 2019 Loan Charges - an update, 2019, Key Haven

Capital gains tax for non-residents in 2019: LexisNexis webinar discussing the latest law on the application of the capital gains tax code to non-residents

Closure Notices, 2018, OSTC Seminars

Consequences of the rewriting of Part 1 TCGA 2018, Key Haven

Domicile Enquiries, 2018, OSTC Seminars