International Tax Bites

In the Spring Statement the Chancellor announced a consultation on reforming the rules around marketed tax avoidance schemes. In this two Part Bonus Episode Harriet and Grahame take a deep dive into the consultation documents.

In the Spring Statement the Chancellor announced a consultation on reforming the rules around marketed tax avoidance schemes. In this two Part Bonus Episode Harriet and Grahame take a deep dive into the consultation documents.

In this episode Harriet and Grahame discuss the interaction of Pillar 2 and the Country by Country Reporting regime. How does CbCR drive Pillar 2 and why is it a vital building block for the OECD's flagship anti-avoidance package?

In this episode Harriet and Grahame review the concept of source, where does it come from, how do you determine the source of certain types of income and gains and then discuss how this foundational concept fits with Pillar 2.

In this episode Grahame and Harriet tackle the thorny issue of the role of the permanent establishment in Pillar 2. After a recap as to the use of permanents establishments in domestic and treaty law, and some pointless (and edited out) bickering they draw the conclusion that the Pillar 2 definition of Permanent Establishment deviates somewhat from a pure form and will take some time to settle down. The definition of PE in Pillar 2 is vitally important for helping not only to identify MNEs but also to help with the calculation of the relevant effective tax rates across the globe. of

In the second episode of their continuing look at Foundational Concepts and how they interact with Pillar 2, Harriet and Grahame think about the concept of Tax Residence and whether it has a place to play in Pillar 2.

In this episode (the first of a short series about foundational concepts and how they interact with Pillar 2) Harriet Brown and Grahame Jackson discuss the impact that Pillar 2 has on the concept of the tax base. Is the idea of a tax base relevant to Pillar 2? If so how? They skirt around the future of Pillar 2 and the Trump Administration.

Please note: this episode was recorded some time ago and hence some of the references to days and dates are off. In this episode Grahame and Harriet discuss the principles of State Aid and how they were applied in 2024's Apple Case. They discuss the underlying issues of state aid and take the listener through the Apple judgment. Their conclusion is that whilst Apple does not break new ground, it does bring together the principles of State Aid into a single and very important judgment.

In this episode Harriet and Grahame talk to James Quarmby of Stephenson Harwood (and Tax LinkedIn Star) about what is happenign in the UK. Rachel Reeves has a a supposed £22bn blackhole to fill and she's sharpening her knife. We discuss the possibilities of raising more money, whether more money is really actually needed and whether the whole affair amounts to a total failure of the UK political establishment to make tax policy. Find more about James here https://www.shlegal.com/en/people/james-quarmby

In this episode Harriet and Grahame discuss the recently published Terms of Reference for a United Nations Framework Tax Convention... What is it? How far will it go? Will it succeed? What will happen if the OECD and the UN don't back down? All this and more!

In this episode Harriet and Grahame discuss Pillars 1 and 2 with Professor Hans van den Hurk ... Why are they so darned complex? Will they stand the test of time? Are there alternative methods? Do many countries have the capacity? find out more about Hans here Prof Dr Hans van den Hurk (H.T.P.M.) | Maastricht UniversityHans van den Hurk is an international tax advisor with extensive experience (hhp.law)

In this ITB Snax episode Harriet Brown discusses the three hot topics of the day in UK tax. Hot on the heels of their election victory the new Labour Government have released policy papers and calls for evidence for reforms of the IHT system, Carried Interest, Non- Dom and VAT on school fees. This episode is our first reaction to these important proposals... we are both sure we'll be talking about this again!

This special episode is in honour of the publication of "On the principles of Gibraltar Taxation" a book edited by Grahame and available from www.spiramus.com In this episode Harriet and Grahame discuss the UK/Spain Tax Treaty on Gibraltar. This unique document which was a consequence of Brexit governs the tax interaction between Gibraltar and Spain deserve consideration on its own.

In this episode Harriet and Grahame (recorded before the recent General Election in UK) discuss the US Green Book, published in March 2024 which, in its sections on "Reforming International Tax", proposes changes to the GILTI regime. Will those proposals amount to an aligning between GILTI and the OECD's Pillar 2? Can we see the effect of the global introduction of QDMTTs? What does the Green Book tell us about the direction of travel for US tax policy in a global context?

In this episode Harriet and Grahame discuss the Skatteforvaltningen case in which the Danish tax authorities sought to reclaim wrongly paid tax credits through the English Courts. This important case set the boundaries of the long standing Revenue Rule in a modern context.

In this episode Harriet and Grahame discuss the legal challenges to FATCA and CRS and explain how they feel about the boundaries of what is and what isn't justifiable. FATCA and CRS were introduced in the last decade to mandate exchange of information between banks and foreign tax authorities on the contents of accounts held outside your home jurisdiction. There has long been disquiet amongst professionals about this as an invasion of privacy. A growing number of cases are challenging the legal basis of FATCA and CRS.

In this episode... Grahame and Harriet discuss the approach taken by the UK courts to classifying foreign entities for tax purposes. Especially where the entities exhibit characteristics which do not fit neartly into domestic categories. The case of Memec sets a framework for that approach, Grahame and Harriet examine this and some other countries' approaches.

In this episode Grahame and Harriet discuss the basics of Value Added Tax. VAT is one of the most important taxes in the world and one of the least understood. It is paid by almost everyone in a way which is invisible to the end consumer. This is our first episode on indirect taxes and we look forward to discussing them further in coming episodes.

In this the final episode of our mini series Designing the Perfect International Tax System Harriet and Grahame review the series and draw lessons from their guests. Have the designed a system or simply decided its really complicated? They have certainly drawn guests from all aspects of tax thought, philosophers, administrators, economists and more. Listen to find out in the conclusion of our landmark series "Designing the Perfect International Tax System"

In this episode Harriet and Grahame talk about the fate of small jurisdictions in the changing tax landscape, whether they can have a voice and how loud that voice can be. They are joined by Paul Eastwood of KPMG Jersey who draws on his experience in and around the OECD Inclusive Framework to give insights into how small jurisdictions with open economies can participate in the reform of the international tax system. Paul is the last guest in our miniseries "Designing the Perfect International Tax System", join us for our next episode in which we draw conclusions and decide if we have at least worked out what is required to design the perfect international tax system.

In this bonus episode Harriet and Grahame discuss the abolition of Non-Dom announced on the 6th March by Chancellor Jeremy Hunt, some of the detail around trusts and the proposed FIG regime, and the transitional provisions. They have some comments for advisers and generally for Non-Doms. In addition they look at the changes to the Transfer of Assets Abroad Regime.

In this the ninth episode of the mini series "Designing the Perfect International Tax System" Harriet and Grahame discuss the practical options for an international tax court. What should it be? Who should be able to go to it? Should Harriet be its first chief justice? Look out for further episodes in this ongoing series. If you are new to the series feel free to go back to the introductory episode.

In this the eighth episode of the mini series "Designing the Perfect International Tax System" Harriet and Grahame speak with Peter Dietsch of the University of Victoria in Canada about the philosophical need for an international tax court. They have a wide ranging discussion touching on the philosophy of property and the underpinnings of tax as a concept. Look out for further episodes in this ongoing series. If you are new to the series feel free to go back to the introductory episode.

In this episode Grahame and Harriet speak to Mbakiso Magwape and discuss the processes around preparing international tax proposals and how developing countries approach the design and implementation of international proposals. Mbakiso has an extensive CV in private practice, government (he worked as Principle Legal Services Officer - Legislation & Compliance with the Botswana Unified Revenue Service) and is now a post- doctoral fellow with the International Centre for Tax and Development. He brings years of expertise and insight to a process which is regularly criticised as exclusionary and weakened by a lack of inclusion of divergent voices.

This is Part 5 of our series "Designing the Perfect International Taxation System". In this episode ⁠⁠Harriet⁠⁠⁠ and ⁠⁠⁠Grahame⁠⁠⁠ discuss "Global Tax and Developing Nations" with Carlos Protto who is a member of the UN Committee of Experts on Tax Cooperation and is a leading adviser to the Argentine Government on matters of taxation. Carlos, Harriet and Grahame discuss the role of developing nations in the international tax community and the impact of recent developments on them. The discussion touches on not only the impact of international taxation reform but also the capacity of developing nations to participate fully and whether or not the OECD or the UN is the better arena for such discussions. We are very pleased to welcome such a world leader in tax policy, if you enjoy this episode and are new to our mini-series "Designing the Perfect International Tax System" you may well enjoy our Introductory episode and earlier episodes with Dan Neidle, Sam Mitha, Daniel Bunn and Thornton Matheson. You will also find more than 57 full length stand alone episodes of International Tax Bites.

This is Part 4 of our series "Designing the Perfect International Taxation System". In this episode ⁠Harriet⁠⁠ and ⁠⁠Grahame⁠⁠ discuss "The development of the international tax community" from the perspective of #HMRC with Sam Mitha CBE. Sam, Harriet and Grahame talk about Sam's experiences in his long career with HMRC and the Inland Revenue where he specialised in international tax policy working with teams that helped develop the UK's controlled foreign company rules and other anti-avoidance provisions. Sam was witness to the shift from tax policy being made in isolation to the comprehensive international cooperation we have today. Look out for further episodes in this ongoing series. If you are new to the series feel free to go back to the introductory episode.

This is Part 3 of our series "Designing the Perfect International Taxation System". In this episode Harriet⁠ and ⁠Grahame⁠ discuss "Global Tax, Capital Importers & Capital Exporters" with ⁠Dr. Thornton Matheson ⁠ who is (amongst many other things) a Technical Assistance Advisor with the International Monetary Fund Thornton, Harriet and Grahame talk about the economic basis of the international taxation system, how it serves those jurisdictions which import and those which export capital, the radical changes in the post war economy and the pressures that have driven change in the international taxation system. Look out for further episodes in this ongoing series. If you are new to the series feel free to go back to the introductory episode.

In this episode, the second in the miniseries “Designing the Perfect International Taxation System” Harriet and Grahame discuss “Who should participate in the international tax system?” with Daniel Bunn of the Tax Foundation a US not for profit tax think tank which thinks about US and international tax.   In this the second episode in the ongoing mini-series “Designing the Perfect International Tax System” Harriet, Grahame and Daniel discuss the building of the international tax system and the effect of widening the participation in the design of the international tax system from capital exporting countries to include capital importing countries, the role of the OECD secretariat and the participation of stakeholders in the process.   Look out for further episodes in this ongoing series. If you are new to the series feel free to go back to the introductory episode.

In this the first episode in the miniseries “Designing the Perfect International Tax System” Grahame speaks to Dan Neidle of Tax Policy Associates about whether we need an international tax system and the faults and failings of the current system. Plus, where will all this end and is the coming proposal worth all the fuss?

In this short episode Harriet and Grahame discuss their upcoming mini-series “Designing the Perfect International Tax System” which brings together people from all areas of the tax world, economists, international experts, investigative journalists, tax inspectors and academics. They aim to discuss the ins and outs of how the international tax system is made and what the outcomes may well be in coming years.

In this episode Harriet and Grahame are joined by Professor Rita De La Feria of Leeds University. Professor De La Feria is a world leading Tax Policy expert who frequently speaks on matters of tax to a wider public audience. In this episode the three of us discuss what tax is for, what the best approach to making tax policy is and the weaknesses of the public discourse around tax.

In this episode Harriet and Grahame talk to Todd Buell of Law 360 about developments in the EU related to tax including #BEFIT #Unshell and all points in between. Will these directives ever see the light of day or is there reform fatigue setting in. Politics will have much influence on this outcome and Todd gives us his feelings about how the future will develop. This is our last episode of 2023 and we want to thank you all for listening to us for another year. We look forward to seeing you in 2024.

In this episode of ITB Snax Grahame and Harriet discuss the British Virgin Islands' announcement that they will be suspending their implementation of a publicly available register of beneficial ownership of entities registered in the BVI. This follows from court cases in the EU which ruled such publicly available registers to be be illegal and against the principles of privacy.

In their third Christmas Special edition episode, Grahame and Harriet discuss the shock news of the EU's blacklisting of Santa Claus and the North Pole...

In this short episode Harriet and Grahame discuss developments at the UN as it attempts to seize the initiative when it comes to driving international tax reform.

In this episode Harriet and Grahame talk about some surprising results of the #OECD's Corporate Tax Statistics report "Effective Tax Rates of MNEs: New evidence on global low-taxed profit" which shows that more than half of the "undertaxed" profits in the world arise in nominally high tax jurisdictions. What creates this gap between statutory rates and actual tax paid? Harriet & Grahame discuss the fact tax systems are more than just headline rates and a gap between statutory rates and actual tax paid may actually be unavoidable.

In this episode Grahame and Harriet explore the procedures and issues around international tax information requests which individuals or institutions may receive from their local tax authorities requesting information for foreign tax authorities. They discuss what a request looks like, what the limits of that request are and whether a recipient can or is indeed obliged to push back against their local tax authorities.

In this episode Grahame and Harriet discuss the proposals from the EU Tax Observatory for a global minimum tax to be imposed on individuals. They discuss the design of such a system and possible alternatives

In this episode Harriet and Grahame discuss the boundaries of international taxation reporting regimes and the need to make reports under the relevant anti-money laundering regimes. They focus on the interaction of CRS, MDR and POCA. They also give you a round up of their ambitious project "Designing the Perfect International Taxation System", an eight episode epic with globally important guests.

In this the 50th Episode of International Tax Bites, Harriet Brown and Grahame Jackson discuss the recent moves by the UN to take the initiative in the world of International Tax Cooperation which may well amount to the opening shots in a turf war for control of the international tax agenda. They discuss the failings of the current OECD system, and its strengths, and the level of criticism that the UN is levelling at the OECD. They also share their thoughts on whether the UN proposals have a chance of success.

In this episode Harriet and Grahame tackle the issue of translations and multilateral international documents, is there an original document or do all official translations carry the same weight?

In anticipation of the 50th Episode of International Tax Bites Harriet and Grahame talk through the last 2 and a half years of tax podcasting, what were their expectations, how long did they think it would last, what are their favourite episodes, and what have they got out of being "leading" international tax podcasters? What does the future hold and a big thank you to all our listeners. We would especially like to thank; our team in Nic and Cath who have done great things in keeping it together, and to acknowledge the support of our Firms and Chambers who have given us the space to do this.

In this episode Harriet & Grahame discuss the international concept of "Foreseeable Relevance" and how it is a protection for taxpayers and a brake on the ability of tax authorities to request information from each other. This important concept is embedded in nearly all the various information exchange regimes across the globe and an understanding of it is vital for the international tax adviser. Is it a uniform concept, is it an effective protection for taxpayers?

In this our second ITB Snax, Grahame and Harriet discuss the Quad Island Forum, a cooperation forum for #Jersey, #Guernsey, #IsleofMan and #Gibraltar to pool expertise and best practice in financial crime and investigating serious tax fraud.

In the first of our bitesize episodes ITB Snax...Harriet and Grahame discuss the EU Corporate Own Resources Proposal, how it will help the EU to fund itself and who is going to pay for it.

In this episode a returning Harriet and Grahame talk to Todd Buell of Law 360 (a legal news service aimed at professionals) about EU tax policy, in particular, BEFIT, SAFE, Pillars 1 & 2 and the Unshell Directive... the politics around them, overreach and whether the world is starting to suffer from reform fatigue. You can find more out about Todd here And follow him on Twitter at @ToddBuell Law360 is a subscription legal news service for professionals of all kinds. *****Correction***** in our discussion of Pillar 1 we stated that taxing rights of 20% of everything over a profit of 10% are awarded to the source state. This was an error, in fact taxing rights of 25% of all margin over 10% are awarded to the source state. Apologies.

In this episode Grahame speaks to Dr Peter Dietsch of University of Victoria in Canada, they discuss what is tax justice, Peter's work Catching Capital, and the current wave of international tax reforms from a philosophy of tax perspective. 'Catching Capital' is available from the Oxford University Press here https://global.oup.com/academic/product/catching-capital-9780190251512?cc=gi&lang=en& and you can find out more about Peter's work here. Peter Dietsch - University of Victoria (uvic.ca)

In their first ever face to face recording, Grahame and Harriet are talking about the "central management and control" test, which is one of the ways that a corporate body can find itself resident in the UK for tax purposes. You can find out more about Grahame, here: Grahame Jackson You can find out more about Harriet, here: Harriet Brown

In this episode Harriet and Grahame discuss the provisions of sections 86 and 87 of the Taxation of Chargeable Gains Act. This powerful piece of anti-avoidance is relevant to anyone who deals with trusts outside the United Kingdom, especially trustees, beneficiaries and settlors. You can find out more about Grahame, here: Grahame Jackson You can find out more about Harriet, here: Harriet Brown

In this episode Harriet and Grahame discuss the recently published New Zealand Bill for the Pillar 2 Globe Rules. They discuss whether incorporating guidance issued by the OECD into law without any oversight is problematic and the status of guidance in general.

In recent weeks there have been media reports in the UK of an Only Fans creator claiming a deductible expense for career enhancing cosmetic surgery. In this cross over episode with Tax Snax Harriet and Grahame explore the boundaries of what is allowable as a deductible expect in terms of the phrase "wholly and exclusively incurred".