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FCTC Digest 2025
The twenty-fifth edition deals with the following:-
• Controlled Foreign Companies – The Gateways, The Safe Harbours And The Exemptions – Incorporating An Overseas Permanent Establishment – Intellectual Property – Patrick C Soares
• Beware of IR35 – An HMRC Surprise Attack – Patrick C Soares
• Discovery Assessments – Some Discoveries – Peter Vaines
• Navigating Kittel – How To Determine the Extent Of “Knew Or Ought To Have Known” – Dilpreet K Dhanoa
• The Ins-And-Outs Of Making Tax Digital For Income Tax Self-Assessment (MTD for ITSA) – David Southern KC
• Seeking Disclosure In The First-Tier Tribunal – David Tipping
• Mudan v Revenue And Customs Commissioners [2025] EWCA Civ 999 – The Meaning Of “Residential Property” In S.116 Finance Act 2003 – Alex Spencer
Click for PDF version of Edition 25 – July 2025
The twenty-fourth edition deals with the following:-
• I Have Enough Money To Buy The Land But I Need My Company’s Money To Build The House Of My Dreams On It – What Are The Tax Considerations? – Patrick C Soares
• Capital Contributions To Companies – Make Sure You Get A Deduction In The Capital Gains Contribution – Patrick Way KC
• General Anti-Abuse Rule – Will Anybody Be Brave Enough To Challenge The GAAR? – Peter Vaines
• Taxing Tribunals & Courts – Charting The Course Of Fiscal Disputes Through Arbitration – Dilpreet K Dhanoa
• Incorporating A Property Letting Partnership – Riya Bhatt
• Case Note Royal Bank of Canada v HMRC [2025] UKSC 2 – David Tipping
• VAT On Holiday Homes: Don’t Buy It, Build It – Alex Spencer
Click for PDF version of Edition 24 – May 2025
FCTC Digest 2024
The twenty-third edition deals with the following:-
• So Your Non-Dom Client Has Decided To Stay – Making Use Of the Temporary Repatriation Facility (TRF) – Patrick C Soares
• No FIG Leaf For Entertainers and Sportspersons – Patrick Way KC
• Delaware LLCs And Carried Interests – Peter Vaines
• Fairness, Reasonableness & Legitimate Expectations? Some Lessons Learnt From The Treasures of Brazil And A Few Other Cases In-Between – Dilpreet K Dhanoa
• A Christmas Turkey-Shoot – The Unallowable Purpose Rule – David Southern KC
• Inheritance Tax Treaties: The Last Stand For Domicile – David Tipping
• Trusts Without Borders: UK Trusts And Foreign Australian Beneficiaries: Lachlan J S Molesworth
Click for PDF version of Edition 23 – December 2024
The twenty-second edition deals with the following:-
• Gifts Of Shares Which Qualify For IHT And CGT Reliefs – Patrick C Soares
• Deductions For Inheritance Tax Liabilities, And The S.103 Trap – Patrick Way KC
• IR35 And The Intermediaries Legislation: Have We Lost The Plot? – Peter Vaines
• Tax Jurisdiction Or Jurisdictional Tax? – Dilpreet K Dhanoa
• Oh Horror! HMRC Enquiries. COP8, COP9 And VAT: What The Taxpayer Must And Must Not Do – David Southern KC
• Some Reflections On The Apple Ireland Decision – Richard Collier
Click for PDF version of Edition 22 – October 2024
The twenty-first edition deals with the following:-
• Domicile And Remittance Basis Changes From 6 April 2025 – What Are Taxpayers Doing? – Patrick C Soares
• New HMRC Guidance On Football Agents’ Fees And Dual Representation Contracts – Patrick Way KC
• Seven Direct Tax Cases Which Every Schoolchild Should Know – David Southern KC
• Tax Charges On Enveloped Properties – Riya Bhatt
• ‘Gaps When They Are Found In Our Tax Laws Are Usually Speedily Filled’ – Notes On Section 720A (and Section 727A) Of The Income Tax Act 2007 – Alex Spencer
• Is A Failure To Exclude The Settlor Always A Gift With Reservation Of Benefit – David Tipping
Click for PDF version of Edition 21 – June 2024
The twentieth edition deals with the following:-
• Shares Or Property – Patrick C Soares
• UN General Assembly Resolution 78/230 Of 22nd December 2023 – Philip Baker KC
• Expenses In Employment (Reprise) – Peter Vaines
• Uncertainty In Pursuit Of Equity – A Consideration Of The Doctrine Of Legal Privilege In the Context Of Taxation – Dilpreet K Dhanoa
• Barclays, Banking Capital and Tax – David Southern KC
• A Brief History Of The Theory Of Input VAT Recovery In Capital-Raising Transactions – Alex Spencer
• A Half-Baked Exception: The VAT Treatments of Confectionary, Cake and Biscuits – David Tipping
Click for PDF version of Edition 20 – May 2024
The nineteenth edition deals with the following:-
• Proposed Abolition Of The Remittance Basis Of Assessment And Domicile As A Tax Connecting Factor – Patrick C Soares
• Inheritance Tax: Benefitting From The Nil-Rate Band, The Spousal Unused Nil-Rate Band And The Extra Nil-Rate Band For The Family Home – Patrick C Soares
• Loan Relationships And Unallowable Purpose – Patrick Way KC
• Payments From An Employment – Peter Vaines
• Murky Waters: Can A Non-Discrimination Article Discriminate? – Dilpreet K Dhanoa
• The Corporate Interest Restriction Double Whammy – David Southern KC
• Employee Ownership Trusts – Riya Bhatt
• Is Portugal (Still) An Attractive Destination For High-Net-Worth Individuals In 2024? – Rita da Cunha
• The Tour Operator’s Margin Scheme (“TOMs”) – Recent Case Law And The Tentative Case For Its Abolition – Alex Spencer
• Too Close For Comfort – When Can HMRC Treat Businesses Together For VAT Purposes? – David Tipping
Click for PDF of Edition 19 – March 2024
FCTC Digest 2023
The eighteenth edition deals with the following:-
• Discretionary Trusts With More Than One Settlor – Patrick C Soares
• Overseas Workday Relief And Premier League Footballers – Patrick Way KC
• Inheritance Tax – Charge On Termination Of An Interest In Possession – Peter Vaines
• A Rare Exemption: CGT & Qualifying Corporate Bonds – Dilpreet K Dhanoa
• Outsourcing Of Banking Services And VAT – David Southern KC
• Statutory Residence Test: The Work Tie And Running A Property Investment Business – Riya Bhatt
• The Transfer Pricing Directive – Round 2 For An EU ALP – Richard Collier
• The Theory Of Forms: Using Form VAT1614D To Disapply A Seller’s Option To Tax – Alex Spencer
• Set In Stone: A List Of CGT Expenditures – David Tipping
Click for PDF version of Edition 18 – November 2023
The seventeenth edition deals with the following:-
• Group Relief and SDLT – Common Transactions And Things To Look Out For – Patrick C Soares
• Exceptional Circumstances In The Day Count For The Statutory Residence Test – Patrick Way KC
• Loans To Participators – Peter Vaines
• To Admit Or Not To Admit: Should New Evidence Be Admitted On Appeal …? Dilpreet K Dhanoa
• ESG-Linked Structured Products: Economic Properties, Accounting And Tax Treatment – Oktavia Weidmann
• Crypto Structured Products – Economic Properties, Accounting And Taxation – Oktavia Weidmann
Click for PDF version of Edition 17 – September 2023
The sixteenth edition deals with the following:-
• The Third Party Gift Provisions – Don’t Get Caught Out – Patrick C Soares
• Remote Working And The Threshold PE Test – Richard S Collier
• The Effect of Naturalisation on Domicile – Riya Bhatt
• The Magic World Of Crypto Derivatives – Part 3: The Taxation of Crypto Derivatives – Oktavia Weidmann
• The Taxation Of Equity Derivatives Held By Companies – Part 4: Taxation of Embedded Derivatives In Hybrid Instruments and Structured Products – Oktavia Weidmann
• The Search For Embedded Derivatives: Corporation Taxes Act 2009 ss.584-586 – David Southern KC
• Some Practical And Conceptual VAT Problems Arising From ‘Deemed’ Disposals Of Land And Property In The UK – Alex Spencer
• Taxing Mistakes – Three Key Takeaways From Bhaur v Equity First Trustees (Nevis) Ltd [2023] EWCA Civ 534 – David Tipping
Click for PDF version of Edition 16 – June 2023
The fifteenth edition deals with the following:-
• Some Things To Watch Out For When Claiming Business Asset Disposal Relief (BADR) – Patrick C Soares
• The Temporarily Non-Resident Rule And Transfer of Assets Abroad Code – Part II – Patrick C Soares
• Interest In Possession Trusts And IHT – The IHT Trap When Life Interests Are Given Away – An Ugh Moment! – Patrick C Soares
• Temporary Non-Residents And The Transfer Of Assets Abroad Charge On Benefits Received – Philip Baker KC
• Domicile Issues – Peter Vaines
• Taxation on Capital Gains In Source Country – In Re: Blackstone Singapore (Delhi High Court) – Porus Kaka and Divesh Chawla
• SDLT Multiple Dwellings Relief – The Weighting To Be Attached To The Relevant Factors: Great, Medium Or Weak! – Riya Bhatt
• The Magic World Of Crypto Derivatives – Part 2: Accounting of Crypto Derivatives – Oktavia Weidmann
• The Taxation Of Equity Derivatives Held By Companies – Part 3 – Oktavia Weidmann
• ESG Derivatives: The Legal and Economic Design Of ESG Derivatives – Part 1 – Oktavia Weidmann
• The Rise of AI – Oktavia Weidmann
Click for PDF version of Edition 15 – April 2023
The fourteenth edition deals with the following:-
• The Temporarily Non-Resident Rule Only Applies To Certain Types of Income – Part I – Patrick C Soares
• Non-Doms Remitting Monies To The UK – What Routes Are Used? – Patrick C Soares
• Payment Of Dividends – Peter Vaines
• The Taxation Of Redeemable Preference Shares – David Southern KC
• Trust Registration – Riya Bhatt
• The Taxation Of Equity Derivatives Held By Companies – Part 2 – Oktavia Weidmann
• The Magic World Of Crypto Derivatives – Part 1 – Oktavia Weidmann
Click for PDF version of Edition 14 – March 2023
FCTC Digest 2022
The thirteenth edition deals with the following:-
• Autumn Statement 2022 – What It Means For Tax Advisers – Patrick C Soares
• Getting Property Into A Company – SDLT – Patrick C Soares
• The Taxman’s Taken All My Dough – Patrick Way KC
• Market Value – Peter Vaines
• How Do You Take Your CGT? One Settlement Or Two? – Katherine Bullock
• From Cryptoassets To The Virtual World: Cryptocurrencies, NFTs, Skins, Virtual Gaming Items and UK VAT Implications – Part 2 – Dilpreet K Dhanoa & Oktavia Weidmann
• From Cryptoassets To The Virtual World: How To Treat Impairment Losses From Cryptocurrencies For UK Tax Purposes? – David Southern KC & Oktavia Weidmann
• Introduction of Transfer Pricing Documentation Measures – Richard Collier
• ‘Undertakings For Collecrtive Investment’ Entitled to A Refund Of Tax Withheld On Dividends Distributed By Portuguese Companies – Rita da Cunha
• The Taxation Of Equity Derivatives Held By Companies – Part 1 – Oktavia Weidmann
Click for PDF version of Edition 13 – December 2022
The twelfth edition deals with the following:-
• Trust Law Survival Kit For Tax Advisers – Patrick C Soares
• Can Trusts Help to Defeat HMRC Assessments Under ITA s.720? – Patrick C Soares
• Incorporating A Property Letting Partnership – What can we learn from the Taxpayer Failure in CS Properties – Patrick C Soares
• White Space Disclosures – Patrick Way KC
• UK Residence: Exceptional Days Revisited – Peter Vaines
• Curiouser And Curiouser! The Case Of Gerald And Sarah Lee – Katherine Bullock
• From Cryptoassets To The Virtual World: To Impair, Or Not To Impair? How To Treat Losses From Cryptocurrencies? – Oktavia Weidmann
• Cryptocurrencies, NFTs, Skins, Virtual Gaming Items and UK VAT Implications – Oktavia Weidmann and Dilpreet K Dhanoa
Click for PDF version of Edition 12 – September 2022
The eleventh edition deals with the following:-
• Offshore Companies Holding UK Dwellings – Patrick C Soares
• Image Rights – Where Are They Located, In The UK Or Abroad? – Patrick Way QC
• Advocate’s Corner – Patrick Way QC
• Expenses In Employment – A New Dawn? – Peter Vaines
• Damned If You Do And Damned If You Don’t: FICs, Loans and Gifts With Reservation – Katherine Bullock
• Brexit: The Big Indirect Break? – Dilpreet K Dhanoa
Click for PDF version of Edition 11 – June 2022
The tenth edition deals with the following:-
• The New Property Register For Foreign Companies Which Own Land – Patrick C Soares
• Introduction To Tax Treaties (Part 1) – Philip Baker QC
• Information Notices – Peter Vaines
• Finding Open Market Value: Recent Travels In A Dim World – Katherine Bullock
• The Role Of A Tax Authority: There to Collect Tax …? – Dilpreet K Dhanoa
• Cryptoassets: A New Weapon Of Mass Destruction? – David Southern QC and Oktavia Weidmann
• On The Breakdown Of The OECD Transfer Pricing Guidelines – Richard S Collier
• High-Net-Worth Individuals Settling in Portugal – Rita da Cunha
Click for PDF version of Edition 10 – April 2022
Our ninth edition deals with the following:-
• Brokers’ Letters And SDLT Refunds – Patrick Soares
• VAT And The Supply Of International Legal And Tax Services – Patrick Soares
• Football And Payments To Agents – Patrick Way QC
• Discovery Assessments: The Level Of Awareness – Peter Vaines
• One House Or Two? The Relevance Of Curtilage To The Main Residence Exemption – Katherine Bullock
• Tax ‘Avoision’ – Where Do We Draw The Line – Dilpreet K Dhanoa with reflections by Peter Vaines
Click for PDF version of Edition 9 – February 2022
FCTC Digest 2021
Our eighth edition deals with the following:-
• The Tax Consequences of Loans and Kindred Debt Structures – Patrick Soares
• The Vitol Case – Patrick Way QC
• Security for Tax – Peter Vaines
• A Trustworthy Guide to the Trust Registration for Offshore Trustees – Katherine Bullock.
• To deduct or not deduct, that is the question… A consideration of the Court of Appeal’s decision in Royal Opera House – Dilpreet Dhanoa
• The Lifetime Allowance on Pension Transfers – David Southern QC.
Click for PDF version of Edition 8 – November 2021
Our seventh edition deals with the following:-
• The new Off-Payroll Working (OPW) provisions effective from 6 April 2021 – Patrick Soares
• The Candy SDLT case – Patrick Way QC
• Recent domicile cases and developments – Philip Baker QC
• The Supreme Court riding to the rescue – Peter Vaines
• The residential property developer tax – birth of a super tax? – Katherine Bullock
• Equity release, the SAAMCO cap and counter-factualism – David Southern QC
Click for PDF version of Edition 7 – August 2021
Our sixth edition deals with the following:-
• Deductibility of debts for IHT purposes – Patrick Soares
• Stale or simply out of date? A consideration of HMRC’s discovery procedures – Patrick Way QC and Dilpreet K Dhanoa
• An introduction to State Aid and taxation, and to the new system of control of fiscal subsidies – Philip Baker QC
• Notional transactions – an alarming trend – Peter Vaines
• IHTA 1984 section 39A and the amazing nil rate band – Katherine Bullock
• Loan transfers – David Southern QC
Click for the PDF version of Edition 6 – June 2021
Our fifth edition deals with the following:-
• Partitions of investment properties among the joint owners can resolve family problems but note the inheritance tax wrinkle – Patrick Soares
• The new SDLT regime which applies to non-residents who purchase UK properties – Patrick Soares
• Boston Tea Party Part Two – not tea this time, but DST (the new Digital Services Tax) – Patrick Way QC
• Omitting to exercise a right – a feline conundrum – Peter Vaines
• Pooling land to sell to developers – Katherine Bullock
• IHT and interest free loans repayable on demand – wherein lies the gift? – Dilpreet K Dhanoa.
Click for the PDF version of Edition 5 – April 2021
Click for the PDF version of the Budget Special Edition – March 2021
Our fourth edition deals with the following:-
• Sale of shares in a property trading/development company – when the capital gain can be taxed as income under ITA 2007 s517B et seq (45%) – the giving of the “golden covenant” – Patrick Soares
• IR35 – All change on 6th April 2021 – Patrick Way QC
• When is retrospective legislation lawful? – Philip Baker QC
• The General Anti-Abuse Rule: Have we gone too far? – Peter Vaines
• The Art of securing Business Property Relief: “applying a not altogether precise standard features of varying importance” – Katherine Bullock
• Stamp Duty Land Tax – Living with Section 75A – Dilpreet K Dhanoa.
Click for the PDF version of Edition 4 – February 2021