Afleveringen
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In this episode of The UK Tax Podcast, John Kavanagh examines the rules regarding UK corporate tax residenceand the approach taken by HMRC. He explains the UK’s central management and control test, how HMRC has challenged offshore structures, and the role of double tax treaties in resolving residence disputes. The episode also explores the growing use of the mutual agreement procedure in modern treaties and touches on the relevance of permanent establishment rules for non-resident companies. Along the way, John briefly touches on recent media reports concerning Roman Abramovich’s offshore companies and their potential UK tax implications.
Tune in for expert insights into the complexities of corporate tax residence and what businesses should consider when structuring their international operations. -
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In this episode of The UK Tax Podcast, John Kavanagh, Chartered Tax Adviser, examines the risks of distributions in a liquidation being taxed as income rather than capital under the Targeted Anti-Avoidance Rule (TAAR). With no binding case law and limited guidance from HMRC, this is a highly uncertain area, particularly where individuals resume similar business activities after a winding up. John explains how the TAAR operates, the importance of Conditions C and D, and why securing Business Asset Disposal Relief (BADR) can be far from straightforward. Essential listening for advisers and business owners considering company liquidation.
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In this episode of The UK Tax Podcast, John Kavanagh explores a significant recent decision from the Court of Appeal in the case of A Taxpayer v HMRC. The case considers how the Statutory Residence Test (SRT) deals with exceptional circumstances and when a taxpayer can be considered prevented from leaving the UK due to unforeseen personal events.
The facts involve a taxpayer who exceeded the permitted days in the UK after stepping in to care for her sister during a serious health crisis. The episode looks at how the First-tier Tribunal, Upper Tribunal, and Court of Appeal each approached the concept of exceptional circumstances, with the Court of Appeal ultimately recognising that compelling moral and family obligations can be just as restrictive as legal or physical barriers. Although John highlights in the podcast the possibility that HMRC might appeal the Court of Appeal's decision to the Supreme Court,he has since learned that HMRC have not lodged an appeal.
Whether you are a professional adviser, an internationally mobile individual, or simply interested in how UK tax residence is determined, this episode offers valuable insight into an evolving area of tax law. -
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In this episode of the UK Tax Podcast, Chartered Tax Adviser John Kavanagh examines the process of incorporating a property portfolio held by a partnership or LLP into a limited company. John explains the potential tax advantages, including Capital Gains Tax and Stamp Duty Land Tax reliefs, as well as the key risks around mortgage debt, novation, and HMRC’s evolving position on incorporation relief. With practical guidance on the necessary steps, documentation, and post-incorporation tax strategies, this episode is essential listening for property investors and their advisers considering incorporation.
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In this episode of the UK Tax Podcast, Chartered Tax Adviser John Kavanagh explores the tax implications of divorce settlements, including the Capital Gains Tax consequences of asset transfers, the Stamp Duty Land Tax implications of transfers of equity, and key Inheritance Tax considerations once a marriage or civil partnership ends. With practical insights and clear explanations, John highlights the importance of careful planning to minimise tax liabilities during what is already a challenging process. Whether you’re a professional adviser assisting clients or navigating your own divorce, this episode offers essential guidance on managing the tax aspects of financial settlements.
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In this episode of the UK Tax Podcast, Chartered Tax Adviser John Kavanagh discusses the sweeping changes to Inheritance Tax (IHT) announced in the Autumn Budget 2024. From the abolition of domicile as a factor for IHT from April 2025, to the extension of IHT to unused pension funds and the capping of Business and Agricultural Property Relief, these changes represent the most significant overhaul of IHT in decades. John explains what these reforms mean for individuals, families, and businesses, and highlights the importance of reviewing estate plans and taking action ahead of the new rules. Whether you are an adviser helping clients prepare or someone concerned about the future of your own estate, this episode offers essential insights into the evolving IHT landscape.
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In this episode of the UK Tax Podcast, Chartered Tax Adviser John Kavanagh takes an in-depth look at Employee Ownership Trusts (EOTs), with a particular focus on the significant changes introduced in the October 2024 Budget. John explains how EOTs work, the tax benefits they can offer, and the compliance challenges that sellers now face, including the extended Capital Gains Tax clawback period and its interaction with Business Asset Disposal Relief, new trustee requirements, and the risks of retaining control after the sale. Whether you advise clients on EOT transactions or are considering selling your own business to an EOT, this episode offers essential insights into the latest rules and practical considerations.
