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Tax Barristers: The Exhaustive Guide

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Some United Kingdom tax barristers specialise in stamp taxes, (including stamp duty, stamp duty land tax and stamp duty reserve tax) and are able both to provide advice and to litigate in relation to such matters. In particular, stamp taxes issues regarding corporate acquisitions and restructuring. A tax advisor is a financial expert with advanced training and knowledge of tax accounting and tax law. The services of a tax advisor are usually retained in order to minimize taxes payable while remaining compliant with the law in complicated financial situations. In civil tax cases, HMRC has challenged and continues to challenge a number of alleged tax avoidance structures. HMRC has also pursued more criminal prosecutions, both of traditional tax offences and of activity that might historically have been regarded as civil tax avoidance. Some barristers that specialise in tax matters advise businesses of all sizes, management teams, owner managers, executives and high net worth individuals, including those who are not domiciled in the UK. Tax barristers may have particular expertise and experience in relation to VAT, SDLT and CGT. Some tax barristers provide representation in enforcement and penalties proceedings in relation to revenue and financial regulatory authorities.

.Tax Barristers.

Well versed barristers can advise on commercial tax litigation. Most barristers are self-employed. They operate out of “chambers” – essentially a collective of barristers sharing premises, staff, administration expenses and, most importantly, clerks. Each barrister in chambers contributes to the running costs by paying chambers expenses and/or rent. HMRC's nudge letters are becoming seen on an increasingly more common basis as HMRC looks to close the UK tax gap between the amount of tax the is collected, and the amount it is believed is not paid due to individuals and businesses not declaring the correct amount that is due. In the UK, central government revenues come primarily from income tax, National Insurance contributions, value added tax, corporation tax and fuel duty. Local government revenues come primarily from grants from central government funds, business rates in England, Council Tax and increasingly from fees and charges such as those for on-street parking. Specialist assistance for Inheritance Tax Advice should be sought whenever required.

Wider Tax Policy

Some barristers advise and litigate in relation to all aspects of trust law and practice. These matters frequently have both a UK and offshore element. Some UK tax barristers advise can help with all kinds of SDLT assessments and enquiries with a view to bringing them to a rapid and successful conclusion. UK tax barristers' litigation is always conducted against or brought by the government. Several of the foremost tax barristers advise upon the tax-efficient structuring of transactions as well as more general tax planning for taxpayers ranging from large multinational companies and groups to private individuals and estates. To successfully put your client's case to a court requires a high degree of skill. In the legal profession, this is often referred to as ‘advocacy’ and is commonly associated with Barristers. As you may be aware, the best Tax Barrister service can give advice in relation to their area of knowledge.

Double tax relief and the application of double tax treaties, in particular the source of cross-border income and capital gains, and the characterisation of foreign entities is a matter that a British tax barrister could specialise in. The distinction between tax evasion and tax mitigation has become increasingly blurred in recent years. While the latter is allowed, tax avoidance schemes, following investigation by HMRC, can be deemed tools for illegal tax evasion. Personal and business tax matters come together in relation to employee remuneration with issues including National Insurance Contributions. Capable tax barristers aspire to excellence in everything they do, complementing technical legal knowledge with astute commercial advice. Barristers are usually independent sole practitioners and are self-employed. They do not share profits, and are not in partnership with other barristers in chambers or with solicitors or other legal professionals. The opinion of a Pensions Advice service should be sort if clarification of the finer issues are required.

Highly Complex Tax Issues

There are UK tax barristers who have experience in advising and assisting with regard to all forms of HMRC enquiries, and investigations under the civil (COPs 8, 9, CDF, SCP and CIF) and criminal regimes, and can also give post transaction, pre-enquiry advice. Independent specialist advice to other professionals on solving cross-border tax problems can be given by a tax compliance expert. A barrister may well wish to test an expert witness' evidence in conference, to assess the strength of that evidence and perhaps to identify additional scientific literature. Whether you need help determining your UK tax position or calculating whether it is best to claim the remittance or arising basis; whether you are planning a move overseas or to the UK and need guidance on the double taxation treaties; or whether you are looking for a way to protect your worldwide assets - a tax barrister can help. Monitoring and managing risks is a matter that a pension barrister will have experience in. All professionals involved with Domicile Advice have a duty to be confidential.

A barrister with pension experience can advise on the UK taxation of Qualifying Non-UK Pension Schemes, draft pension contract and scheme rules for a QNUPS and advise clients in respect of QROPS and QNUPS. Expat tax compliance can give rise to a broad range of tax liabilities, both in the UK and the new country. When you relocate an employee to another country, a tax specialist can assist with all cross border tax implications for both your business and your employee. Some barristers that specialise in tax matters have extensive experience advising on tax issues relevant to real estate, setting up property funds, VAT planning and stamp duty land tax planning. You can check out additional info relating to Tax Barristers on this article.

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