Joseph Hage Aaronson LLP contributes to the The Legal 500: Tax Country Comparative Guide
JHA's contentious tax team has contributed to the recently published fourth edition of The Legal 500: Tax Country Comparative Guide. This go-to guide provides readers with a pragmatic overview of the Tax laws and regulations across a variety of jurisdictions worldwide. Each chapter covers a different jurisdiction and contains information on withholding tax, transfer pricing, the OECD model, GAAR, tax disputes and an overview of the jurisdictional regulatory authorities. The template for each chapter was provided by JHA's Michael Anderson and Simon Whitehead, who also wrote the UK chapter for the guide. In the past two weeks, JHA's contentious tax team has once again achieved top tier rankings in both The Legal 500 UK and Chambers and Partners UK 2020 guides. JHA remains the only law firm to have achieved such rankings in both guides every year since its inception. Being chosen as a key contributor to this guide, combined with our directory rankings, demonstrates the marketing leading position of JHA's tax team. This has been achieved through the firm's unique combination of expert solicitors, barristers and forensic accountants, as well as its close working relationships with its clients. This approach enables our continued success in dealing with complex, high value and often ground-breaking tax disputes. Read JHA's chapter in the guide here and view the whole guide here.
An Assessment to Tax is never ‘stale’, but it might be out of date: HMRC v Tooth
This article briefly discusses the key points arising out of the decision of the UK Supreme Court in HMRC v Tooth  UKSC 17. The case considered (1) whether a discovery assessment could become “stale” and (2) the meaning of the phrase “deliberate inaccuracy”.
VATA 1994 s.47, Agency, Onward Supply Relief, & Double Taxation
On 12 July 2021, the First-tier Tribunal (Tax Chamber) (“FTT”) released its decision in Scanwell Logistics (UK) Limited v HMRC  UKFTT 261 (TC), rejecting the taxpayer’s claim for onward supply relief (“OSR”).
Whilst OSR is now limited, post-Brexit, to goods imported into Northern Ireland for onward supply to the EU, the FTT’s discussion of agency under section 47 of the Value Added Tax Act 1994 (“VATA”) is of broader interest.
The case serves as a reminder of the significant financial consequences that can result from errors in tax planning, as Scanwell was ultimately held liable for £5.7 million in unpaid import VAT despite the fact that the imported goods almost immediately left the UK (which, if properly planned, could have meant Scanwell was relieved from liability to import VAT).
Draft Finance Bill 2022—tax avoidance measures
Helen McGhee, senior associate at Joseph Hage Aaronson LLP, considers the draft Finance Bill 2022 clauses published on 20 July 2021 in relation to tax avoidance and recent updates to the tax avoidance regime.
Getting Closer: A Global Minimum Tax on Corporations
On 1 July 2021, US Treasury Secretary Janet Yellen announced that countries representing over 90% of global GDP had agreed to a global minimum tax on corporations (“GMCT”). The GMCT seeks to put a floor on tax competition on corporate income through the introduction of a minimum corporate tax of at least 15%. Whilst certain elements give rise to positive expectations, some caveats should be noted. Much will depend on (1) the outcome of future political negotiations and (2) the detail of the drafting at international and national levels.
The DBKAG & K (CJEU) decision: an opportunity for investment funds?
On 17 June 2021, the European Court decided the joint cases K (C-58/20) and DBKAG (C-59/20) regarding whether the supply of certain services constituted the “management of special investment funds”, benefiting from the VAT exemption enshrined in Article 135(1)(g) of Council Directive 2006/112/EC.