Tax Enquiries and Investigations

Tax Enquiries and Investigations

Overview

Tax enquiries and investigations, whether they are informal enquiries, formal investigations or disputes in the tax tribunals and courts, can be costly and time-consuming for taxpayers.

Our commercial, practical and strategic advice means that we can ease that burden.

Tax authorities have in recent years become more assertive in pursuing taxpayers and challenging their tax affairs. As well as the direct financial costs, taxpayers should be mindful of any potential reputational damage that can be caused by a tax enquiry or investigation. How taxpayers arrange their tax affairs is increasingly becoming a matter of significant public interest, with the media, general public and politicians increasingly focused on whether taxpayers are paying their 'fair share' of tax. 

We encourage clients to be proactive and consider tax risk at the planning or the implementation phase of a transaction or arrangement. However, even the most careful of business is likely to be subject to some form of tax enquiry at some stage. Whilst the vast majority of these enquiries do not result in formal disputes, involving us early in the process means that potentially significant challenges by tax authorities can often be prevented or straightforwardly resolved. Although there is no "one size fits all" approach to resolving an enquiry or dispute, and possible solutions can range from relatively informal discussions with the UK tax authorities to full litigation, we have the knowledge and experience to help you choose and implement the most effective route for your business.

Life cycle of an early stage tax dispute

What happens if the UK tax authorities raise an enquiry and what should clients do? This interactive timeline breaks down the constituent parts of an early stage tax dispute into practical, bitesize chunks.

Selected experience includes

Instructed by a number of global asset managers as the UK tax authorities open enquiries into their tax affairs, including the salaried member rules, disguised investment management fee rules, carried interest, loans and co-invest.

Advising the Defendants in Andrew Cole & Others v Scion Limited & Others in the Business List of the Business and Property Courts in relation to claims arising from investments in film finance schemes.

Instructed on a VAT dispute with the UK tax authorities to advise on correspondence and negotiations with them, legitimate expectation, and the VAT status of supplies.

Advising a multinational software and information technology business on certain aspects of legal professional privilege arising in the course of an HMRC investigation.

Advising on and assisting with Schedule 36 information requests (including where clients have been served with 'third party notices' requiring them to provide information to the UK tax authorities about another person’s tax affairs), including in respect of disclosure and legal professional privilege.

Advising companies and offshore trustees in relation to disguised remuneration EBT settlements with the UK tax authorities. In addition, advising participants in relation to related indemnity claims made against them by their former employer.

Advising a group of more than 100 employees of an investment bank on a long-running dispute with HMRC relating to an offshore tax scheme.

A client in connection with a judicial review of HMRC's refusal to allow our client to apply a statutory concession in calculating its VAT liability.

Back To Top Back To Top chevron up