Our niche team of tax litigation solicitors specialise in high value and complex tax and financial products litigation.
We advise clients faced by demands from HMRC on methods to minimise exposure and also bring claims against professionals who have negligently “sold” the product to the client.
We advise on disputes involving (amongst others):
- Corporation Tax;
- Capital Gains Tax;
- Income Tax;
- PAYE tax;
- National Insurance Contributions; and
- Inheritance Tax.
We regularly advise in relation to (amongst others):
- Employee Benefit Trusts (EBT);
- Employer-Financed Retirement Benefits Scheme (EFRB);
- Tax Reliefs (Including: Entrepreneurs Relief, Incorporation Relief, Roll Over Relief, R&D Relief, Marginal Relief, Disincorporation Relief and Terminal Loss Relief);
- Enterprise Investment Schemes (EIS);
- Stamp Duty Land Tax Schemes (SDLT);
- Share Loss Relief Schemes;
- Car Benefit Schemes;
- Employee Bonus Schemes - Growth Securities Ownership Plan (GSOP) and other avoidance schemes based on contracts for difference; and
- Film Fund Schemes.
Disputes with HMRC
We advise clients who wish to challenge demands made by HMRC. If a decision has been reviewed by HMRC (and you still disagree with it) you may be able to appeal to the Tax Tribunal..
We can advise you in relation to taxation claims in the First-tier Tribunal (Tax) and Upper Tribunal (Tax and Chancery Chamber).
We can also advise on challenges to tax legislation and public decisions (including judicial review).
Accelerated payment notice (APN)
Under the Finance Act 2014, HMRC can now demand payment on account of a tax advantage received from participating in a tax avoidance scheme, prior to any final determination of the legitimacy of the tax avoidance scheme.
An APN can be issued by HMRC if a taxpayer has received a tax advantage from participating in a scheme; HMRC has an open enquiry or appeal into that tax advantage; and the scheme in question has been declared as a tax avoidance scheme under DOTAS (disclosure of tax avoidance schemes). For a more detailed explanation of HMRC’s powers, you can review our article “Sit Up and Take Notice".
If you have received an APN it is imperative that you seek legal advice.
Matters we are currently advising on include:
- A multi-million pound claim by HMRC against a limited company relating the establishment of employee benefit trusts (EBT) and employer funded retirement benefit schemes (EFRBS);
- The impact and enforceability of APNs on businesses and individuals;
- We act for numerous individuals who advised to enter into film partnerships;
- A mis-sold Employee Bonus Scheme based on contract for differences resulting in a £20M+ demand from HMRC;
- Negligent financial advice relating to pensions;
- Claims where advisers have failed to invest according to the client’s attitude to risk; and
- Incorrectly executed schemes resulting in an inability to claim the tax relief intended.