Tax Planning Offshore and for Non-UK Residents and Domiciliaries

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]]]>

Email Us Call Us