Latest by Ben Roberts

Blog

Hannover - SDLT avoidance and corporate property deals – the importance of timing!

Published on 30 May 2019. By Ben Roberts, Senior Associate

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In Hannover v HMRC [2019] UKFTT 0262 (TC), the First-tier Tribunal (FTT) has held that the stamp duty land tax (SDLT) anti-avoidance rule in section 75A, Finance Act 2003, applied to a series of transactions that included the sale of units in a Guernsey property unit trust (GPUT), even though there was no tax avoidance motive and each transaction was 'appropriately' taxed.

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Blog

Stamp duty land tax (SDLT) avoidance and corporate property deals – the importance of timing!

Published on 21 May 2019. By Ben Roberts, Senior Associate

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The First-Tier Tribunal has, in a recent decision, caused something of a stir for clients and advisors familiar with the well-trodden (and, usually, tax-efficient) use of offshore unit trusts to hold UK property.

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Blog

UK property – big tax changes for non-UK residents

Published on 05 April 2019. By Ben Roberts, Senior Associate

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From 6 April 2019, all gains from UK real estate realised on disposal by non-residents, whether residential or commercial property and whether by way of direct or "indirect" disposal, will be subject to UK capital gains tax or corporation tax.

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Blog

Budget 2018 – 10 key business tax takeaways

Published on 08 November 2018. By Ben Roberts, Senior Associate

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Blog

Something out of the ordinary (share capital)

Published on 05 November 2018. By Ben Roberts, Senior Associate

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The term ordinary share capital is widely used in UK tax provisions. While the term has a statutory definition a recent table by the Chartered Institute of Taxation shows how HMRC has interpreted it in practice.

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Blog

Professional Game Match Officials – football referees not employed for tax purposes

Published on 22 October 2018. By Ben Roberts, Senior Associate

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In Professional Game Match Officials Ltd v HMRC [2018] UKFTT 528, the First-tier Tribunal (FTT) has held that football referees and other match day officials were not employees of Professional Game Match Officials Ltd (PGMOL).

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Publication

Corporate tax update

Published on 31 August 2018. By Ben Roberts, Senior Associate and Adam Craggs, Partner and Robert Waterson, Partner

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Welcome to the latest edition of our Corporate Tax Update, written by members of RPC’s tax team and published quarterly. In this second 2018 edition we highlight some of the key tax developments of interest to UK corporates from the second quarter of 2018.

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Blog

Good news for UK share sellers - capital gains tax relief relaxed

Published on 27 July 2018. By Ben Roberts, Senior Associate and Nigel Collins, Partner, Head of Japan Desk

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The UK's entrepreneurs' relief (ER), which is already a valuable tax relief for individual UK-resident sellers of trading companies, is about to become a little more generous.

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Blog

Action required: mandatory disclosure of cross-border tax planning arrangements – effective (very) soon

Published on 12 June 2018. By Ben Roberts, Senior Associate

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New EU rules providing for mandatory disclosure of certain cross-border tax planning arrangements by intermediaries and taxpayers will enter into force on 25 June 2018. Although reports to tax authorities will not be required until July/August 2020, the retrospective nature of the new rules means that reportable arrangements implemented after 25 June could be reportable in this first batch of (2020) reports. Preparations for the new regime should therefore begin now.

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Publication

Corporate tax update

Published on 01 May 2018. By Ben Roberts, Senior Associate

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Welcome to the latest edition of our Corporate Tax Update, written by members of RPC’s tax team and published quarterly.

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Blog

Tax treatment of insurance SPVs – a cure for all ILS?

Published on 09 March 2016. By Ben Roberts, Senior Associate

On 1 March 2016 the UK government published a consultation document on a new regulatory, corporate and tax framework for insurance linked securities (ILS) business.

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Blog

Tribunal criticizes HMRC’s refusal to allow retrospective VAT group application

Published on 27 November 2015. By Ben Roberts, Senior Associate

The First-tier Tribunal (in Copthorn Holdings Ltd v HMRC) has asked HMRC to reconsider its decision to refuse a taxpayer’s application for retrospective VAT group registration. This is the second time HMRC have been asked to “think again” on their decision.

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Blog

Risky business? VAT exemption limits for would-be insurance intermediaries

Published on 08 October 2015. By Ben Roberts, Senior Associate

The latest case to consider the extent of the VAT exemption for "insurance intermediary" services has again highlighted the limits of the exemption.

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Blog

Summer Budget – property developments

Published on 14 July 2015. By Ben Roberts, Senior Associate

Last week's "summer" Budget, the first by a (solely) Conservative government for nearly two decades, was full of surprises but contained relatively few specific property tax measures.

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Blog

By George! A Budget full of surprises?

Published on 13 July 2015. By Ben Roberts, Senior Associate

Last week's "summer" Budget, the first by a (solely) Conservative government for nearly two decades, included a number of surprises.

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Blog

UK VAT changes following Skandia decision

Published on 12 February 2015. By Ben Roberts, Senior Associate

On Tuesday this week, HMRC confirmed a change to the UK VAT treatment of intra-entity supplies of services, from 1 January 2016.

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Blog

Limits on the VAT exemption for insurance intermediaries

Published on 06 November 2014. By Ben Roberts, Senior Associate

A recent Tax Tribunal decision highlights the limits of the VAT exemption for supplies by an insurance intermediary.

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Blog

Root and branch changes to EU VAT rules on intra-entity supplies?

Published on 25 September 2014. By Ben Roberts, Senior Associate

The European Court of Justice (ECJ) last week ruled that services provided by a US insurer to its Swedish branch were subject to VAT in Sweden. This widely reported decision is likely to have implications for insurers and other financial services groups across Europe.

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Blog

Let's talk about VAT – a useful reminder

Published on 14 August 2014. By Ben Roberts, Senior Associate

A recent Court of Appeal decision (CLP Holding Co Ltd v Singh and Kaur[1]) serves as a reminder to consider VAT during sale negotiations, and ensure that VAT wording in contracts is sufficiently clear.

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Blog

Transfer of corporate profits – update

Published on 04 August 2014. By Ben Roberts, Senior Associate

Earlier in the year I posted a blog on the proposed new anti-avoidance measure, targeted at so-called "profit transfers" from one group company to another.

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Blog

New anti-avoidance rule targeting transfers of corporate profits

Published on 10 June 2014. By Ben Roberts, Senior Associate

This year's Finance Bill, which is expected to become law as the Finance Act 2014 in July, introduces a new anti-avoidance measure targeted at businesses operating through a group structure where there is in substance a significant "payment" of profits from one company to another.

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Blog

Budget 2014 - update

Published on 24 March 2014. By Ben Roberts, Senior Associate

Last week's Budget announcements were light on the property tax front.

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Blog

Budget 2014 - update

Published on 24 March 2014. By Ben Roberts, Senior Associate

Last week's Budget announcements were light on the property tax front.

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Blog

Autumn Statement 2013 – George's Marvellous Medicine?

Published on 11 December 2013. By Ben Roberts, Senior Associate

In the midst of the political point-scoring, last week's Autumn Statement was light on significant new tax announcements.

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Blog

Financial Transaction Tax – still a cause for concern?

Published on 10 December 2013. By Ben Roberts, Senior Associate

The FTT was due to take effect from 1 January 2014. In June the European Commission quietly announced a delay of at least 6 months.

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Blog

FATCA – are we nearly there yet?

Published on 25 September 2013. By Ben Roberts, Senior Associate

The International Tax Compliance (United States of America) Regulations 2013 ('Regulations') came into force on 1 September 2013.

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Blog

SDLT group relief anti-avoidance – good news from HMRC

Published on 14 August 2013. By Ben Roberts, Senior Associate

Last week saw some (much needed) good news on the topic of SDLT avoidance, that should clarify HMRC's approach to the common commercial practice of transferring a property intra-group, following the acquisition of a property-owning company (PropCo).

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Blog

SDLT avoidance - HMRC victorious regardless of taxpayer 'motive'

Published on 26 July 2013. By Ben Roberts, Senior Associate

HMRC has scored a resounding victory in the first case[1] to consider in any detail the wide-ranging SDLT anti-avoidance provision (section 75A of Finance Act 2003).

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Blog

The new UK GAAR – a journey into the unknown?

Published on 24 July 2013. By Ben Roberts, Senior Associate

The Finance Bill 2013 received Royal Assent on 17 July. We are now in uncharted territory.

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Blog

Property Rental Business Transfers and Leases – Reclaiming VAT and SDLT

Published on 17 April 2013. By Ben Roberts, Senior Associate

Last November, following the decision in the case of Robinson Family Limited, HMRC announced that a transfer of a property rental business can qualify as a "transfer of a going concern" (TOGC) – and therefore not attract VAT – even if the transferor retains a reversionary interest in the property.

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