16 Nov 2018

Tax and the City briefing for November 2018

Mike Lane and Zoe Andrews examine the new hybrid capital instrument regime and the legislative change to combat ‘offshore looping’. They also look at the decisions in GDF Suez Teesside and Volkswagen Financial Services

A new, non-sector specific, hybrid capital instrument regime will apply in place of the regulatory capital securities regime from 1 January 2019. The Court of Appeal finds in GDF Suez Teesside that the (now repealed) ‘fairly represents’ requirement in the loan relationship rules is a separate and overriding provision. The UK’s categorisation of a hire purchase transaction as a taxable supply of a car and exempt supplies of credit is confirmed as correct by the CJEU in Volkswagen Financial Services. The legislative change to combat ‘offshore looping’ will be targeted more tightly on the known avoidance - insurance intermediary supplies where the principal supply is made to consumers located within the UK.

This article was first published in the 16 November 2018 edition of Tax Journal.

Practices Tax, Tax Disputes