38th Annual “Oxford” (Virtual) Three-Silk Seminar

Chair: Robert Venables Q.C.

Date: 29/09/2020 - 01/10/2020

Price: £1,100.00 + VAT


38th Annual “Oxford” (Virtual) Three-Silk Seminar




Tuesday September 29th - Thursday October 1st 2020


£1, 100 per delegate plus VAT (£220) = £1,320

(To include course notes)


 The planned residential seminar at Merton this year cannot be held on account of the pandemic. Instead, the Seminar will be virtual, spread over three mornings of talks with an extended tea- time question session to the panel each day.


The 39th  ‘PRACTICAL TAX PLANNING 2021’ has been scheduled to be held again at Merton College Oxford between 28th and the 30th September 2021.






Robert Venables Q.C. (Chairman)

James Kessler Q.C.

Philip Simpson Q.C.

Patrick Cannon

Rory Mullan

Harriet Brown

Keith Gordon

Sarah Squires

Patrick Boch

Mary Ashley

Ross Birkbeck

Rebecca Sheldon


The speakers are all practising barristers. They practise from Old Square Tax Chambers, 15 Old Square Lincoln’s Inn, London WC2A 3UE, except Keith Gordon, who practices from Temple Tax Chambers, 3 Temple Gardens, London EC4Y 9AU.






09.30  Chairman’s Opening Address


09.35 Income Tax on Employment Related Securities - Patrick Boch

The heads of charge under ITEPA Part 7 - Application to wrongful termination of employment

(interaction with charge on termination payments, beneficial ownership) - Planning Strategies


10.15 Tax Avoidance: Transactions in Securities (Income Tax Act 2007 Part  13 Chapter

1) - Philip Simpson Q.C.


Scope of the legislation - Positive filters - Negative filters - Procedure -Counteraction


11.00  Break


11.15  Applying the GAAR in the Private Client sphere - Rory Mullan


How the GAAR operates – the mechanics of dealing with a counteraction notice – GAAR

guidance – HMRC practice – Recent GAAR panel decisions


12.00 Qualifying - and Non-Qualifying  - Corporate Bonds:  Deferring  capital gains tax - Sarah  Squires


QCBs: the conditions - Share exchanges and QCBs: s116 Taxation of Chargeable Gains Act

1992 - Recent case law, including Hancock and Trigg


12.45  Break


[Written questions to be submitted by 15.00]


16.00 - 17.30 (Maximum)  Questions to the Panel on The Morning’s  Talks






09.30  Chairman’s Opening Address


09.35  The Transfer of Assets Abroad  Provisions post the Taxpayer Victory in Fisher  v

HMRC - Robert  Venables Q.C.


Can the Provisions apply where there is no avoidance of income tax? - W hen can a transfer by a company be attributed to its shareholders or directors? - If the Provisions apply, how does one compute the relevant income of the person abroad? - W hat is the Effect of EU Law on the Provisions?


10.15 Dual Residence: Double Taxation Conventions and Arrangements - Rebecca Sheldon


Dual Residence under Domestic Laws of Contracting States / Parties - “Tie-Breaker” Clauses: OECD Model Convention and Others


10.45  The OECD BEPS Multilateral Instrument - James Kessler Q.C.


Base erosion and profit shifting - Effect of Instrument on United Kingdom Double Taxation

Conventions and Arrangements - Effect on United Kingdom Tax Law


11.25  Break


11.50 Dom icile Enquiries  in Practice  – Three FTT Cases and Three Different Approaches  - Keith Gordon


The difficulties with long-term residents - HMRC’s tactics - Schedule 36 vs closure notice applications - Final or partial closure notices: Embiricos - HMRC’s flawed reliance on Archer - The Tribunal’s different approaches (Levy vs Henkes) - The way forward


12.35 Covid 19 and the relaxation of UK residence rules - Rebecca Sheldon  30 mins


UK residence rules pre-lockdown - Temporary changes to the rules - Personal tax residence - Company tax residence - Impact on clients


13.05 Break


[Written questions to be submitted by 15.00]


16.00 - 17.30 (Maximum)  Questions to the Panel on The Morning’s  Talks






09.30  Chairman’s Opening Address


09.35 Historic Trusts and Historic Problems: Common Issues Arising with Older Offshore

Trusts  - Harriet Brown


Summary of recent (and not so recent) changes in law - Domicile and changes in domicile - Issues arising under the transfer of assets abroad regime and sections 86/87 Taxation of Chargeable Gains Act 1992 - Splitting of trusts: managing past errors and making further divisions - • The statutory requirement to correct and the penalty regime • Exiting older trusts


10.20  Tax Avoidance and Insolvency - Patrick Cannon


Insolvent companies that have used disguised remuneration schemes -HMRC's position as a principal creditor - Claims against directors and their defences - Claims against scheme promoters/advisers and their defences - Recent case law - Finance Act 2020 joint liability notices


11.00  Break


11.15 Personal  Liability of Trustees  and Executors  for Taxes on Trust  or Estate Income, Gains and Capital  - Mary Ashley


Different Rules of Personal Liability of Trustees and Executors - When Assets of An Estate Are Held Qua Executor Or Qua Trustee When Same Persons Appointed As Both - How to Limit Potential Personal Liability (including Mackay v Wesley [2020] EWHC 1215 Ch)


11.55  Judicial  Review and Access to Justice - An Update - Ross Birkbeck


The jurisdiction of the Tax Tribunal and Westland Horticulture - Follower Notices, Archer, and

M. Sport - Partnership Closure Notices and Reid


12. 35  Break


[Written questions to be submitted by 15.00]


16.00 - 17.30 (Maximum)  Questions to the Panel on The Morning’s  Talks



 For application and conditions please contact:


Key Haven Publications Ltd, PO Box 669, Oxford OX3 3AU Tel: 01865 352121; or ; E-mail:


 Those confirmed in writing 30 days prior to the Seminar qualify for a full refund, subject to a £100 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.