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Tax Aware

Issue 20: December 2023

Tax Aware

Editor's Note

Moustapha Hammoud, Associate, Mishcon Private

This Issue covers several areas within tax. First, we cover the UK tax implications of making a charitable gift to a non-UK charity and the pitfalls associated with such a step. Next, we discuss the long-awaited conclusion of the Fisher dispute and the Supreme Court's decision in favour of the individual taxpayers on the transfer of asset abroad rules.

Read the full note


Tax planning does not equal a tax avoidance main purpose

The recent cases of Olivia Wilkinson & Ors v HMRC [2023] FTT 695 and Delinian Ltd (Formerly Euromoney Institutional Investor PLC) v HMRC [2023] EWCA Civ 1281 provide welcome guidance on when transactional tax planning might result in a taxpayer acquiring a tax avoidance main purpose.


Grossing- up is hard to do

It is usual for a will to provide that legacies should be made 'free of tax', meaning that the recipient receives the amount gifted in the will, without a deduction for inheritance tax (IHT).  The burden of IHT then falls on the residue of the deceased's estate.


Neither gardens nor grounds

Over recent years, the Tax Tribunal has been full of cases where HMRC have challenged buyers claiming the "mixed-use" rate of Stamp Duty Land Tax (SDLT) on UK property purchases.

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