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.
Ben Gilbert, Jane Thomson and Iain Sanderson explained what this means for Executive and Non Execuitve Directors in the financial services sector in the Channel Islands. Workshops were run on both Islands and they discussed local implications. The team also shared their experience of working specifically with asset manager clients.
The presentation attached gives some of the highlights covered in the workshops. If you have any queries, please do not hesitate to contact Mark Watson, Garry Bell, Ben Gilbert, Paul Silcock or your usual PwC contact.
Ben Gilbert is a Senior Tax Manager in PwC's Jersey office. He’s an international tax specialist, with significant experience of the US, Asian and UK corporate tax regimes.
Ben has over 10 years of experience of advising on international taxation matters, including transfer pricing, tax efficient cross border structuring, tax efficient extraction of profits and dealing with various tax authority audits.
Ben has worked for UK, Australia and US headquartered Groups and in his role prior to joining PwC was the Asia Pacific Tax Manager for a US private equity business, with responsibility for Asia Pacific, UK and US tax matters.
Ben is a Chartered Tax Adviser and UK Chartered Accountant, in addition to holding the Chartered Institute of Taxation’s Advanced Diploma in International Taxation.
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.