PRACTICAL TAX PLANNING 2020
38th Annual “Oxford” (Virtual) Three-Silk Seminar
Chair: Robert Venables K.C.
Date: 29/09/2020 - 01/10/2020
Price: £1,100.00 + VAT
KEY HAVEN PUBLICATIONS LTD
38th Annual “Oxford” (Virtual) Three-Silk Seminar
PRACTICAL TAX PLANNING 2020
Tuesday September 29th - Thursday October 1st 2020
FEES
£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.
PRACTICAL TAX PLANNING 2020
SPEAKERS
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.
PROVISIONAL TIMETABLE TUESDAY 29TH SEPTEMBER
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
WEDNESDAY 30TH SEPTEMBER
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
THURSDAY OCTOBER 1ST
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
REGISTRATION DETAILS
For application and conditions please contact:
Key Haven Publications Ltd, PO Box 669, Oxford OX3 3AU Tel: 01865 352121;
www.khpplc.co.uk or ; 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 £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. www.khpplc.co.uk