Joseph Hage Aaronson LLP ranked top in the Legal 500 for Tax Litigation & Investigations
For the sixth consecutive year, JHA has achieved a top-tier ranking in the Legal 500 UK for Tax Litigation & Investigations. Furthermore, partner Graham Aaronson QC is selected once again for their exclusive Leading Individuals list. Associate Shofiqur Miah has been chosen as one of six Rising Stars; associates who make a material difference to the practice and who are considered ones to watch. Partner Michael Anderson is also highlighted for his key role in the teams' success. Client and peer testimonials for the guides 2020 research describe JHAs contentious tax team as technically very able and praise its ability to explain issues in an understandable manner'. They also single out its depth of knowledge and experience in EU law based tax litigation', and say that it is the common sense approach and ability to explain the issues which makes them stand out'. JHA was founded in 2013 and the firms' tax disputes team has been ranked as top-tier by both the Legal 500 and Chambers & Partners guides for tax litigation and contentious tax respectively every year since its inception. This continued success is testament to the firms' dominance in this space, which is enabled by its uniquely integrated approach that brings together the most relevant and experienced solicitors, barristers and accountants, and its close client relationships. View the full commentary on our team and lawyers by the Legal 500 UK 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An Assessment to Tax is never ‘stale’, but it might be out of date: HMRC v Tooth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.