In this podcast, Emma Game and Tanja Velling discuss the Supreme Court’s decision in Vermilion considering whether a particular securities option was employment-related, the Court of Appeal’s decision in Delinian (formerly Euromoney) on the purpose test in the capital gains tax reorganisation rules, and the Upper Tribunal’s decision in Refinitiv, a judicial review case where the taxpayers argued that a diverted profits tax notice was inconsistent with an advance pricing agreement.
The podcast also covers draft legislation for the upcoming Finance Bill which would effectively disapply certain provisions of the Retained EU Law (Revocation and Reform) Act 2023 in respect of VAT and excise law (so as to preserve the principle of consistent interpretation) and provides an overview of case law on restructuring plans under Part 26A of the Companies Act 2006 where the court was asked to sanction the plan against HMRC’s wishes in order to put into context HMRC’s new guidance for insolvency practitioners.
Emma and Tanja further discuss changes to the terms and conditions of HMRC’s Double Taxation Treaty Passport Scheme and associated guidance, as well as DAC8 and the implementation of agreed safe harbours under the EU’s Pillar Two Directive.
Text alternative. Tax news highlights - November 2023