40th Annual Oxford Four-Silk Sixteen-Speaker Residential* Seminar

Chair: Robert Venables Q.C.

Date: 27/09/2022

Price: £1,750.00 + VAT


40th Annual Oxford Four-Silk Sixteen-Speaker Residential* Seminar




Tuesday September 27th - Thursday September 29th


Merton College, Oxford



£1,900 per delegate plus VAT (£380.00) = £2,280




For bookings made and paid for before August 8th 2022


£1,750 per delegate + VAT (£350) = £2,100.


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

For application and conditions please contact:


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





Robert Venables QC (Chairman)

James Kessler Q.C.

Rory Mullan Q.C.

Philip Simpson Q.C.

Etienne Wong

Sarah Squires

Julian Hickey

Harriet Brown

Keith Gordon

Patrick Boch

Oliver Marre

Mary Ashley

Ross Birkbeck

Rebecca Sheldon

Jon-Selous Borlace

Shane O’Driscoll


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 Oliver Marre is a member of 5 Stone Buildings Lincoln's Inn. London WC2A 3XT.









TUESDAY September 27th


12.00 Arrival and Registration


13.00 Lunch Merton College


14.00 Chairman’s Introduction


14.10 Directors, Employees and Employee Benefit Trusts  - Robert  Venables Q.C.


Is the Supreme Court Rangers decision dead in the water?: CIA Insurance Services Ltd v HMRC

- New dangers of ITEPA Part 7A for owner-managed companies - How can employee benefit trusts still be used tax-efficiently?


14.50 Principal Residences: CGT and SDLT - Jon-Selous Borlace


Recent case law, including Hyman and Campbell   - What does and does not qualify for CGT PPR relief? What does and does not qualify as 'residential property' for SDLT purposes? - How much reliance can advisors place on HMRC guidance?


15.30 Getting Money Out of A Pension Scheme to Fund the Business - Philip Simpson Q.C.


Legislative framework - Tax charges - What can you do? - Traps to avoid - If the worst comes to the worst…


16.10 Discussion Session with Refreshments


16.25 VAT: Business vs Non-Business - an Update - Etienne Wong


* Why it matters - whether there is a “business” affects whether VAT is payable or recoverable

• Historic UK cases (e.g. Lord Fisher) - do they still matter? * CJEU case law - is it still relevant after  Brexit?  *  More  recent  UK  cases  (e.g.Wakefield  College)  &  the  two-stage  test  * “Non-business” vs “private” - the impact of Wellcome Trust * HMRC’s latest approach (the VAT Business/Non-Business Manual 2022)


17.05  Case Law Update - Sarah  Squires


Comment on recent cases on entrepreneurs relief and the main purposes test  - entrepreneurs relief and "trading activities" (Allam v HMRC) - entrepreneurs relief and meaning of business asset (Thomson v HMRC) - examples of application of the "main purpose" test under the loan relationship and transactions in securities rules (Kwikfit Group Ltd v HMRC, JTI Acquisition (2011) Limited v HMRC, Allam v HMRC and Wroe v  HMRC)


17.45 Close of Formal Proceedings for the Day


19.00 Pre-dinner drinks and dinner in the Great Hall






09.30 Chairman’s Introduction


09.35 Taxation Issues of Cryptoassets - James Kessler Q.C.


Are cryptoassets currency/money? Does it matter? - HM Treasury paper “UK regulatory approach to cryptoassets, stablecoins, and distributed ledger technology in financial markets: Response to the consultation and call for evidence” - IHT & CGT situs of cryptoassets - Income from cryptoassets: staking, trading; source of income


10.15 Income Taxation  of Partners of Partn erships  and  Lim ited Liability  Partnerships" - Oliver M arre


Basic rules for taxation of trading partnerships and their partners - when is an LLP is transparent for income tax purposes? - "Salaried partners"


10.55 Discussion Session with Refreshments


11.10 Issues for Foreign Domiciliaries - Rory Mullan Q.C.


Establishing foreign domicile – current HMRC practice – partial closure notices – (ir)relevance of citizenship – issues with deemed domicile – protected trusts – issues with offshore loans - unwinding BIR investments


11.50 Trading in financial instruments - Patrick Boch


‘Investment' or ‘trade'?: relevance to individuals trading on own account (different from fund managers?) - the badges of trade (and their limitations): classical case law - the Revenue's approach vs the tribunal's (recent FTT decisions) - - ‘investment' or ‘trade' – what would you like it to be?


12.30 Employee or Self-Em ployed - Shane O’Driscoll


W hen is a worker an employee for income tax purposes ?  - Recent decided cases


13.00 Lunch



15.00 HMRC’s information pow ers post-FA 2021 - Keith Gordon


HMRC’s historical approach to getting information - Challenging HMRC’s information demands (including recent case law):  JJ M anagement - Perfectos Printing Inks - Levy/Henkes/Perlman · FA 2021 regime (Financial Institution Notices): - The dangers of the new rules how FINs can be challenged · Other changes made by FA 2021


15.40 The Statutory Residence Test: Current Issues - Rebecca Sheldon


FA 2013 Schedule 45 in outline - the exceptional circumstances test and its statutory limits - A Taxpayer v HMRC [2022] UKFTT 00133 (TC): conclusions and implications for taxpayers


16.20 Discussion Session with Refreshments


16.35 Tax Planning Through Trusts  - Mary Ashley



New trusts for lifetime planning - New trusts on death - Points to consider in relation to existing trusts




17.15‘Wholly and  Exclusively’ - when does a tax motive prevent  deductibility? - Ross



HMRC’s Approach - Developments in the case law: Hoey (Court of Appeal), NCL (Supreme

Court), Bly and CIA Insurance.


17.55 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 -




09.30 Chairman’s Introduction


09.35 W hen Private  Clients Should Argue w ith HMRC:  Settlement  and FTT Proceedings  - Harriet Brown


HMRC  settlement  process:  “standard  terms”:  disclosure  facilities,  settlement  meetings  and pre-settlem ent correspondence - Appealing to the FTT: using the appeal process to negotiate, process, timings - Going to the FTT: initial steps - ADR - W hen, and why, to go to the FTT: what private client cases merit an appeal


10.15 Relief for Mistake  - Julian  Hickey


Setting aside of a voluntary transfer: Bhaur & Others v Equity First Trustees (Nevis) Limited and other recent tax cases - W hat is a mistake? W hen is the court likely to grant or refuse relief? Is relief available for tax planning? W hat are the tax consequences if relief is granted? How to make a claim for mistake.


10.55  Discussion Session with Refreshments


11.15 Question Session - the Panel


12.45 Lunch


14.00 Close of Seminar



Key Haven Contact Information

Key Haven Publications Ltd,

PO Box 669,

Oxford OX3 3AU

Tel: 01865 352121; 





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.




If the seminar is held virtually, all reservations made will still hold good but will qualify for a

25% refund of the fee paid.