Tax Aware
Issue 2

Substantial Shareholding Exemption – upheaval?

HM Treasury consults on amending the SSE provisions. It published the consultation document on 26 May 2016.

BEPS: OECD discussion paper on interest deductibility group ratio rule

The OECD published a discussion paper on 11 July 2016 on the design and operation of the group ratio rule contained in its proposals for restricting interest deductibility under Action 4 of its base erosion and profit shifting (BEPS) project.

HMRC's intention to extend the period for investors to access relief on investment gains

Employee Benefit Trust schemes (EBTs) and Employer-Financed Retirement Benefits Schemes (EFRBs) were traditionally used by companies to pay their employees/officers in a tax-efficient manner, whereby monies were deposited in a (usually offshore) trust.

Extension to Investors Relief

Finance Bill 2016 proposes to extend entrepreneurs' relief to investors in unlisted trading companies who hold their shares for a minimum of three years.

European Commission publishes measures to enhance transparency

The measures were published on 5 July 2016 and set out the next steps in the Commission's campaign to boost tax transparency to fight tax evasion and avoidance in the EU, taking into account the problems highlighted in the wake of the Panama papers.

Stamp duty change - plan early for business reorganisations

A change to a longstanding stamp duty relief was made with no warning at the end of June via the Finance Bill which potentially makes reorganisations of companies and groups of companies more costly.

Diluting the fundamental right to recover input VAT

The Upper Tribunal (UT) in Zipvit [2016] UKUT 294 (reported in Tax Journal, 8 July 2016) upheld in part the decision of the First-tier Tribunal (FTT) that the taxpayer was unable to recover VAT that it had claimed was embedded in amounts paid to Royal Mail for postal services.