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Court of Appeal confirms "Miscellaneous income" tax charge for fund manager remuneration scheme

Background

A series of cases have been working their way through the UK courts in which HMRC has sought to apply the tax charge for "miscellaneous income" to variants of a remuneration planning scheme used by fund managers.  In December last year the Court of Appeal, in BlueCrest Capital Management LP and others, upheld HMRC's view in relation to one iteration of the relevant arrangements, and that court has now considered another in HMRC v HFFX LLP and others.

In practice: Advising a guarantor

This article was first published in the July 2024 issue of Butterworths Journal of International Banking and Financial Law.

In this article Knowledge Counsel James Bell looks at issues to consider when protecting the guarantor’s position in finance transactions (or indeed other commercial transactions) and how that might be negotiated.

The "Long Losing Streak" – Joshua v Renault and the French Blocking Statute

Recent developments suggested that prosecutions under the so-called French Blocking Statute (the "FBS") would become more likely.  But a High Court decision has followed the old authorities in deciding that – even where a party has letters from the relevant French authority indicating that they may be in breach of the FBS – disclosure would be ordered in the English courts via normal civil procedure, without recourse to the Hague Convention. 

Beyond Supply Chains: new EU rules increase pressure on companies to adopt responsible business practices

The Corporate Sustainability Due Diligence Directive ("CS3D") was finally published on 5 July 2024, concluding a long and unprecedentedly turbulent legislative process. Businesses now have the certainty they need to start assessing whether they are in scope, and if so, what they need to do to comply with the demanding due diligence obligations under the law, and by when.

Infrastructure Spotlight – Summer 2024

In this edition, we look at what a Labour Government could mean for investors in and operators of UK infrastructure.  We also provide an update on disclosure rules for corporates, greenwashing rules for funds and a range of other topics, from EV charging, housing and planning through to tax and expiry of PFI/PPP deals. Please get in touch if you'd like to discuss any of the issues discussed below.

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