Corporate Tax Residency: Mitigating the HMRC challenge
A workshop was held covering an overview of corporate tax residency and how to mitigate the risk of HMRC challenging it, with Jane Thomson and Iain Sanderson.
Date and location
Monday 26 November 2012 in Guernsey / Tuesday 27 November 2012 in Jersey
Who should attend?
The workshops were of interest to all Non-Executive Directors of Channel Island’s businesses, as they are are ideally placed to ensure “Central Management and Control” is exercised in the Channel Islands and not inadvertently in the UK.
Following HMRC’s success in the Laerstate case, we have noticed HMRC are becoming increasingly assertive in arguing that offshore companies are UK resident. Defending against HMRC’s challenge can be expensive both financially and in terms of management time devoted to resolving the issue; for these reasons prevention of a challenge is better than a cure.
Jane Thomson is a Senior Manager in PwC's UK Tax Dispute Resolution Network; and is based in the Investment Management tax team in London. She has worked in professional practice as a Tax Investigations specialist for the last 10 years. Prior to joining the profession, Jane spent 14 years in the Inland Revenue (now HMRC). Her Inland Revenue experience included a stint as a District Inspector – during the period covering the introduction of Self Assessment. She also spent several years in the Tax Avoidance Group of Special Compliance Office (now Special Investigations), where her work was focused on the examination of offshore structures, and on challenges to marketed tax planning schemes.
Since joining the profession, Jane spends much of her time defending personal and corporate clients who are facing UK tax authority enquiries (recent HMRC enquiries dealt with by Jane have covered corporate member planning; Class IV NIC exemption for limited partners; use of service companies to facilitate the tax deduction of pension contributions paid for the benefit of LLP individual members; Transfer Pricing; legacy (CFC issues); and supporting clients in preparation of the strongest possible positions prior to filing their returns.
Iain Sanderson is a manager in PwC’s Tax Investigations team based in the UK. Iain is a Chartered Accountant who has specialised in tax investigations matters since 1999. He has advised on all aspects of tax investigations ranging from local tax office level to serious fraud cases involving both UK and offshore disclosures as well as technical enquiries in particular involving corporate and personal residence issues. In addition to enquiry and investigation work Iain has advised many clients on managing their relationship with HMRC and meeting their obligations under the Senior Accounting Officer regime.