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Rebecca is an experienced litigator and has conducted cases on a range of direct and indirect tax issues in the First Tier Tribunal (Tax Chamber), the Upper Tribunal (Tax and Chancery Chamber) and the High Court, in addition to assisting senior counsel in direct and indirect tax litigation, acting for either the taxpayer or the Revenue.
Her advisory practice covers corporation tax and VAT, income tax, capital gains tax, inheritance tax, customs and excise duties and insurance premium tax.
Before starting at the Revenue Bar, Rebecca gained eight years experience in tax, latterly as Vice President (Taxation) at JP Morgan. There she advised on commercial transactions such as the acquisition of Bear Stearns, advice on tax efficient acquisition of UK property, loss utilisation, securitisations, sale and leaseback transactions, due diligence, joint ventures, offshore partnerships, offshore trusts, offshore companies, company acquisitions and disposals, share capital reductions, debt structuring and employee remuneration planning.
Prior to that she was a Tax Manager at Grant Thornton, advising small and medium sized businesses on their corporate and personal tax affairs, which ranged from advice on cross-border corporate transactions to advice to non-UK domiciled individuals on inheritance tax, income tax and capital gains tax.
Her experience of business and person taxation is thus both in-depth and broad and her approach to advisory work is commercial and client friendly.
CHARTERED INSTITUTE OF TAX
Rebecca is a Chartered Tax Adviser and Member of the Chartered Institute of Tax Technical Committee in Corporation Tax. She has recently represented the CIOT in several HMRC consultations, including Simplification of Groups and Gains, Simplifying Unallowable Purpose Tests and the Code of Practice on Taxation for Banks.
RECENT PUBLICATIONS AND PRESENTATIONS
Author of CCH British Tax Guide on Corporation tax
Contributor to Simons Direct Tax Service and CCH British Tax Guide.
Writes articles for Taxation, Tax Journal and Tax Adviser.
Rebecca is co-authoring a book on Tax Avoidance, covering direct taxes, indirect taxes and EU law, with Kevin Prosser QC, which will be published in 2010/11.
She recently presented on the topic of ‘the use of Bare Trusts in tax planning’ at the Keyhaven conference at New College Oxford and at the Tolleys annual conference on the topic of Taxation and Company Reorganisations. She also recently presented on the topic of Foreign Profits at the CIOT London Branch meeting.
RECENT LITIGATION EXPERIENCE
First Tier Tribunal (Tax Chamber)
- Aberdeen Asset Management Plc v Revenue & Customs (judgment pending)
- Philip Duke v Revenue & Customs TC/2009/10439
- (1) University of Essex (2) Universal Accommodation Group v C of R&C TC00467
- Jigsaw Wholesale Ltd v R & C Commissioners LON/2006/8010
- Mr John C Evans v R & C Commissioners TC00446
- Smith v R & C Commissioners
- BAA Ltd v Commissioners of HMRC [2010] UKFTT 43 TC
- Mark Hulton (Sameday Shipping) v R & C Commissioners
- Made to Order v Revenue & Customs [2009] UK VAT V20959
- Leisure Pass v Revenue & Customs [2009] UK VAT V20910
- David Mayes v Revenue & Customs Commissioners, SpC
- Eyretel Unapproved Pension Scheme & Ors v Revenue & Customs [2008] UKSpC SPC 00718
Upper Tribunal
- Mr and Mrs Coll v R & C Commissioners, Upper Tribunal FTC/07/2009
High Court
- QEB Metallics Limited v Peerzada & Ors [2009] EWHC 3348 (Ch)
- Prince Arachchige v Revenue & Customs Commissioners [2009] EWHC 1077 (Ch)
- Bankruptcy annulment (December 2009, unreported)
- HMRC v Prince Karunaraina Samarappulli Arachchige [2009] EWHC 1007
Court of Appeal
- HM Revenue & Customs v Tower MCashback [2010] EWCA Civ 32
- Prizedome Ltd & Anor v HM Revenue & Customs [2009] EWCA Civ 177
- HM Revenue & Customs v Peter Clay Discretionary Trust [2008] EWCA Civ 1441
RECENT ADVISORY EXPERIENCE
Corporate and business taxation issues
- Application of loan relationships unallowable purpose test and anti-arbitrage to funding structures
- Tax efficient structuring of an international business trading with the UK
- Corporation tax treatment of input tax repayments following the House of Lords decision in Fleming
- Company residence re management and control
- Substantial shareholding exemption
- Sale of financial advisory business by an individual
- Share sale by an individual
- Whether associated companies exception to capital gains tax de-grouping charge applies
- Tax implications of a service company providing services to a professional advisory partnership
- Income and capital gains tax implications of a share capital reduction
- Corporation tax implications of a share capital reduction
- 2009 proposed changes to the VCT definition of small and medium sized companies
- Prevailing Practice in the context of discovery assessments raised by HMRC following the outcome of Dextra.
- CTA 2009 Part 8 (formerly Schedule 29 FA 2002) application in relation to disposal of customer contracts by an internet service provider
- Intra-group sale and leaseback
- Whether a building contractor incurring expenditure on a toll road for consideration consisting of a right to receive tolls could deduct expenditure as income
- Advice on restructuring of US owned drilling group
- Advice on film partnerships used to create income tax refunds (from trading losses) for investors where the tax refund is larger than amount invested by virtue of accounting treatment. Whether partnership trading; whether trading commercially.
- Sheltering profit on UK development land transferred to Dutch BV as capital. Whether trading; whether Part 13 of ITA 2007 (formerly s776 ICTA 1988) would apply; alternatively, sheltering UK source income
- Research and Development Relief planning for small and large entities
- Advice on drafting employee benefit trust deeds to minimise income tax, inheritance tax and corporation tax
- Corporation tax discovery assessments for contributions to EBT
- Group relief where group formed via certain offshore entities eg Bermudan LP
- Consortium relief to subsidiaries of consortium company from member of same group as link company (relationship between ss402(3), 406 and 413(7) ICTA 1988)
- SSE planning for dormant companies in the group to be liquidated with cash for distribution to US
- Planning for use of trading losses in recently acquired companies where no capacity for set off in acquired group; interaction with foreign tax credit reclaims in the UK, ss768 and 343 ICTA 1988.
- US Dual Consolidated Loss issues and s403D ICTA 1988 issues with losses arising in UK branches of and UK incorporate ‘check the box’ companies under US entities
- Comparisons of multi-national finance structures
- Loan interest repos planning
- Certificates of Deposits planning
- Convertible Loans planning with FRS 25 and FRS 26
- Advice on remittances of income where corporate structure involved
Employment income
- Employment related securities implications of a service company owned by a partnership
- Employment related securities ‘tax avoidance scheme’ disputes with HMRC
- Income tax and NIC on benefits in kind
- Dual employment contracts for non-UK domiciled individuals working abroad
- Employment related securities issues with a reduction of share capital
- Employees’ late night taxi journeys
- Tax efficient benefits from an employee benefit trust
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