Tax Planning Offshore and for Non-UK Residents and Domiciliaries

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.

Provisional Timetable

Morning Conference Part 1

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

13.00 Lunch  

 Afternoon Conference Part 2

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]