Tax News Highlights: August 2022

In this podcast, Zoe Andrews and Tanja Velling discuss the Upper Tribunal’s decisions in HMRC v Euromoney Institutional Investor PLC on the application of the purpose test in the reorganisation rules (section 137(1) TCGA), in HMRC v BlackRock Holdco 5, LLC on transfer pricing and the unallowable purpose test in the loan relationship rules (section 441 CTA 09), and in Altrad Services Limited v HMRC on statutory interpretation.

They also discuss the planned OTS review of distance working, an update to the Uncertain Tax Treatments by Large Businesses Manual, confirming that the result provided by HMRC’s Check Employment Status for Tax (CEST) tool may constitute a “known position”, and the first GAAR panel opinion in favour of the taxpayer.

The podcast also highlights proposed legislative changes in three areas: two measures for which draft legislation was published on L-day - certain changes to the Qualifying Asset Holding Companies regime and the introduction of the Pillar 2 GloBE Income Inclusion Rule in the UK in the form of a new “multi-national top-up tax” - and the UK Treasury’s consultation on the codification of the sovereign immunity exemption which would narrow its application to UK source interest.