Private Wealth and Trust Disputes Notes

High Court offers sympathy but no remedy to trustee facing unexpected tax bill

In Mackay v Wesley [2020] EWHC 1215 (Ch), the Claimant, who was instructed by her father to become a trustee of a family trust as part of a tax scheme, …

Tax Treaty Interpretation: The Limits of Fiction

In Fowler v HMRC [2020] UKSC 22, the Supreme Court determined that a statutory fiction created by a deeming provision of UK tax law did not affect how …

APAC Monthly Private Wealth Legal Developments - May 2020

Welcome to Herbert Smith Freehills' new monthly private wealth industry updates in Asia. Every month we survey ten Asian jurisdictions for legal …

HSF TRUST COMPANIES SURVEY - TAX INSIGHTS

Private Wealth & Charities Podcast EP9: Trust Companies Survey – Tax

Rapid resolution of domicile disputes: be careful what you wish for

In Henkes v HMRC [2020] UKFTT 7645 (“Henkes”), the First-tier (Tax) Tribunal (“the Tribunal”) held that (a) it could (and would) determine the taxpayer’s …

Trusts gains of foreign residents

In summary A recent Federal Court decision has put a major stumbling block in the path of non-resident beneficiaries of Australian discretionary trusts. …

Lloyd-Webber v HMRC: Music to off-plan investors' ears?

In a decision that will be a welcome source of comfort for investors in potentially risky off-plan property developments, the First-tier Tribunal (Tax) …

APAC Monthly Private Wealth Legal Developments - December 2019

Welcome to Herbert Smith Freehills' new monthly private wealth industry updates in Asia. Every month we survey ten Asian jurisdictions for legal …

APAC Monthly Private Wealth Legal Developments - November 2019

Welcome to Herbert Smith Freehills' new monthly private wealth industry updates in Asia. Every month we survey ten Asian jurisdictions for legal …

UK Supreme Court holds testamentary charitable gifts to Jersey were entitled to inheritance tax relief

In Routier and another v Commissioners for Her Majesty's Revenue and Customs [2019] UKSC 43, the UK Supreme Court overturned an earlier Court of Appeal …

APAC Monthly Private Wealth Legal Developments - October 2019

Welcome to Herbert Smith Freehills' new monthly private wealth industry updates in Asia. Every month we survey ten Asian jurisdictions for legal …