PRACTICAL TAX PLANNING 2021

KEY HAVEN PUBLICATIONS LTD

39th Annual Oxford Four-Silk Fourteen-Speaker Residential* Seminar

PRACTICAL TAX PLANNING 2021
Tuesday September 28th - Thursday September 30th
Merton College, Oxford

* If the Seminar cannot be held in person, it will take place by Zoom, with a reduction in the
delegate fee.

DELEGATE FEES

£1, 750 per delegate plus VAT (£350.00) = £2,100.00

(to include course notes, accommodation, meals and wines.)

SPEAKERS
Robert Venables QC (Chairman)
James Kessler Q.C.
Rory Mullan Q.C.
Philip Simpson Q.C.
Harriet Brown
Keith Gordon
Etienne Wong
Sarah Squires
Rebecca Murray
Patrick Boch
Mary Ashley
Ross Birkbeck
Rebecca Sheldon
Jean-Selous Borlace

The speakers are all practising barristers. They are all members of Old Square Tax Chambers,15
Old Square, Lincoln’s Inn W2A 3UE except that Keith Gordon is a member of Temple Tax
Chambers, 3 Temple Gardens EC4Y 9AU and Rebecca Murray is a member of Devereux
Chambers, Devereux Court, London WC2R 3JH.

 

 

PROVISIONAL TIMETABLE
TUESDAY September 28th

12.00 Arrival and Registration

13.00 Lunch Merton College

14.00 Chairman’s Introduction

14.10 Are Personal Service Companies Obsolete? - Robert Venables Q.C.
The “Old” IR 35 - the “New” IR 35 (ITEPA Part 2 Chapter 10 as from April 6th 2021 as amended
by Finance Act 2021) - Increases in Corporation Tax and Dividend Income Tax Rates - Planning
for the New Era

15.00 How Best to Carry on Business: Through Company, as a Sole Trader, or as a
Partner? - Jon-Selous Borlace

15.35 Taxation of benefits from unapproved retirement benefit schemes - Philip Simpson
Q.C. income tax - National insurance contributions - Foreign element

16.20 Discussion Session with Refreshments

16.35 UK VAT, Land Transactions & the Lingering Ghosts of EU Law Etienne Wong
• VAT & land: update on the main transaction types (including sale & leasebacks post-Balhousie)
• HMRC weaponising EU law? - the continuing fallout from Fortyseven Park Street - Landlinx -
are HMRC simply “clarifying" or seeking to redefine land transactions for VAT? • EU law & tax:
an overview of the post-Brexit position

17.20 Case Law Update - Sarah Squires
Recent cases on entrepreneurs relief, main purposes and residence - entrepreneurs relief and the
meaning of "ordinary share capital" (Warshaw v Revenue and Customs Commissioners) -
meeting the conditions for entrepreneurs relief with trustee shareholders (Quentin Skinner 2005
Settlement L and others v Revenue and Customs Commissioners) - the "main purpose" test on
share for share exchanges (Euromoney Institutional Investor PLC v HMRC) - residence of
special purpose subsidiaries (Development Securities v Revenue and Customs Commissioners)

18.05 Close of Formal Proceedings for the Day

19.00 Pre-dinner drinks and dinner in the Great Hall

WEDNESDAY SEPTEMBER 29TH

09.30 Chairman’s Introduction

09.35 The Remittance Basis - James Kessler Q.C.
Practical planning points - Lessons from Allam v HMRC

10.20 Transfer of Assets Abroad - Current Issues and Recent Cases - Rebecca Murray
Fisher v HMRC [2020] UKUT 62 - Rialas v HMRC [2020] UKUT 367 - - Hoey v HMRC [2021]
UKUT 82 - Protected Foreign Source Income - current planning and frequent issues

11.05 Discussion Session with Refreshments

11.20 CRS: what happens next – dealing with international information requests and
offshore non-compliance -Harriet Brown CRS – what information do you need to provide and why it leads to information requests - TIEA requests – challenging them, when and how to comply - Dealing with offshore penalties – RTC penalties and offshore penalty regime - What’s next for offshore compliance – HMRC’s report Offshore Developments for Private Clients and Trusts 

12.15 Specific Issues with Capital Payments from Non-UK Resident and Immigrant Trusts
- TCGA Section 87 - Mary Ashley
Payments to companies - Payments by way of loan - Onward gifting - Payments from immigrant
trusts

13.00 Lunch

15.30 UK Residence Rules and COVID:19 - Rebecca Sheldon
UK residence rules - Issues which may have arisen - Exceptional circumstances test - Importance
of treaty relief

Discussion Session with refreshments 

16.30 Stamp Duty Land Tax - Patrick Boch
Lower rates of SDLT to non-residential property - the definition of “residential” - recent case law,
including Hyman & Ors (Upper Tribunal) - the case of The How Development - thoughts on
planning - commentary on tribunal’s approach

17.15 FA 2021 Tightening of the POTAS Regime & Recent Developments in Follower Notices
and Accelerated Payment Notices - Ross Birkbeck
POTAS Deemed Promoters - Promotion structures - STOP Notices - Conduct Notices and
Monitoring Notices for “Transferees" - Other Changes - Follower Notice Penalties - M.Sport

18.00 Close of Formal Proceedings for the Day

19.15 Pre dinner drinks

19.45 Gala Dinner Merton College (Black-Tie Optional) in the Great Hall -

THURSDAY SEPTEMBER 30TH

09.00 Chairman's introduction

09.35 Challenging HMRC’s ability to assess - Rory Mullan Q.C.
The resurgence of Lord Dunedin’s three stage classification of the tax system - Tooth and Tinkler
in the Supreme Court – Jurisdictional issues – voluntary returns – the scope of closure notices and
assessments

10.20 HMRC’s information powers post-FA 2021 - Keith Gordon
HMRC’s historical approach to getting information - Challenging HMRC’s information demands
(including recent case law): JJ Management - Perfectos Printing Inks - Levy/Henkes - The FA 2021
regime (Financial Institution Notices): The dangers of the new rules - How FINs can be challenged
- Other changes made by FA 2021

11.05 Discussion Session with Refreshments

11.25 Question Session - the Panel

12.45 Lunch

14.00 Close of Seminar

PROBLEM PAPERS AND DISCUSSION SESSIONS
Given that we cannot be certain that the Seminar can be held in person, there will be no problem
papers or delegate discussion sessions this year.

**************************************************************************
FEES
£1, 750 per delegate plus VAT (£350.00) = £2,100.00
(to include course notes, accommodation, meals and wines.)

REGISTRATION DETAILS
For application and conditions please contact:
Key Haven Publications Ltd, PO Box 669, Oxford OX3 3AU Tel: 01865 352121;
Fax: 01865 351081; E-mail: aw.khpplc@khpplc.co.uk

CANCELLATIONS:
Those confirmed in writing 30 days prior to the Seminar qualify for a full refund,
subject to a £250 administration fee. Cancellations within 30 days prior to the Seminar do not
qualify for a refund, although substitutions will normally be allowed at Key Haven’s discretion,
subject to a £100 administration fee.

ALTERNATIVE FEE IF SEMINAR IS HELD VIRTUALLY
If the seminar is held virtually, all reservations made will still hold good but will qualify for a
25% refund of the fee paid.
www.khpplc.co.uk

FOR ANY FURTHER INFORMATION OR REGISTRATION CONTACT aw.khpplc@khpplc.co.uk