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OPEN  Feature request #1779  -  Specialist tax advice
Posted Mar 02, 2022 - updated Mar 02, 2022
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     decasares
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Issue description
<source lang="When you mull over 'Specialised Tax Barristers, who were the people that started it? Will they ever be mimicked?

Some tax barristers specialise in commercial arbitrations and litigation both on and offshore; banking; insurance (particularly coverage and indemnity disputes) and claims arising from the financial services sector. The services of a tax barrister will provide extensive experience in settling tax disputes with HMRC, acting for clients in claims for compensation, as well as representation in legal action against financial advisers and introducers. The practice of some barristers focuses on prosecution of tax crime in complex cases, particularly along the avoidance/evasion faultline, and freedom of information. Companies need to comply with thorny VAT rules when entering new markets, stretching out globally or joining international supply chains. Meanwhile, liabilities, errors and assessments can also attract interest and penalties. If HMRC suspects that you’ve underpaid tax or under-reported income, they'll initially open enquiries into returns already submitted. In many cases, their enquiries are concluded quickly through correspondence. If not, HMRC can look into your finances with a Code of Practice (COP) 8 or 9 investigation. Areas in which seasoned tax barristers have expertise include minimising tax liabilities by the use of appropriate corporate and trust arrangements and rationalising outdated complex arrangements.

Specialised Tax Barristersicon_open_new.png

In addition to acting on behalf of clients in the usual Counsel capacity, advising on the merits of a case, drafting documents and providing advocacy services, clients have direct access to the specialist expertise of a barrister at all stages of a tax dispute. Specialist pensions experts provide advice on contractual arrangements, and obligations under the 'auto-enrolment' regime for workplace pensions. Corporate and shareholder tax planning: formation, restructuring and take-overs, substantial shareholding exemption, entrepreneurs relief and liquidations are matters that a barrister with a tax specialism can give advice on. Tax barristers offer full advice on merits, so that a cost-effective strategy for resolving the dispute can be planned Any Pensions Advice service will not reveal what he or she has been told to anyone else.

  1. Qualified Tax Advocates


The advisory side of a tax barrister's practice can include giving opinion on property taxation and SDLT. For the UK to remain internationally competitive for business, it needs a tax system that is sufficiently clear for business to be able to operate within with confidence, that is stable so that long-term decisions can be made without significant risk of tax change and that is fiscally comparable to its competitors’ tax systems. Most pensions are subject to specialist tax regimes, which makes them very attractive as long-term investments. Members are entitled to tax relief on contributions and a tax-free allowance applies to pension income. Tax barristers structure pension funds and advise on compliance with the law and regulations in this area. Tax barristers can provide comprehensive legal and tax advice on payroll taxes and share incentive arrangements for clients ranging from public companies to those who may own and manage their own business. Tax barristers can be instructed by members of the Institute of Financial Accountants without the need for a solicitor as intermediary. The opinion of a Domicile Advice service should be sort if clarification of the finer issues are required.

Experienced tax virtuosos can advise where the potential costs might very well outstrip the tax at stake. Pensions specialists have experience of a wide range of private sector pension arrangements, including advising in relation to defined-benefit (final salary type) pension schemes on an ongoing basis, and also in relation to their closure and winding up. Having an independent barrister reviewing a course of action gives the client a fresh and independent opinion from an expert in the field distinct from solicitors who may maintain ongoing and long-term relationships with the client. Regardless of training, tax advisors are well-versed and up-to-date in matters of tax law and both IRS and state tax guidelines. From advising on the correct tax treatment of a transaction to drafting Notices of Appeal disputing tax and penalty assessments, representing clients in tax appeals and negotiating settlements, a tax barrister is able to assist with all contentious and non-contentious tax problems. Taking on Inheritance Tax Advice can help sort out your financial woes.

  1. Business Models


Claims against directors and accomplices (including breaches of directors’ duties, misfeasance, knowing assistance, knowing receipt, conspiracy, wrongful trading, loan accounts and unlawful dividends) are areas that tax barristers specialise in. In general, Barristers in England & Wales are hired by Solicitors or individuals directly through what is called ‘direct access’ to represent them Court and tribunal. HMRC investigations are daunting and extremely stressful at the best of times and, with the ever-present threats of potential prosecution or significant assessments, can have an extremely serious effect on your business and health. A public-sector tax lawyer is primarily employed to provide advice and assistance regarding regulations, but also works on investigations, audits and prosecutions of tax evading organisations. Tax barristers deal with investigations or litigation resulting from prosecution by Her Majesty's Revenue & Customs (HMRC, sometimes referred to as 'the Revenue'). This litigation is always conducted against or brought by the government. As you may be aware, the best Tax Barrister service can give advice in relation to their area of knowledge.

Advising on possible breaches of EU sanctions, advising on possible dangers of trading with a company under investigation and on the duty to report are areas that tax barristers will give counsel on. Tax systems are so important because, along with government spending priorities, they are the best mechanism by which an elected government can embed the social values it represents in the economy that it is charged with managing. One purpose for tax is to reorganize the economy to ensure that it delivers the government's economic goals. Unearth supplementary insights regarding Specialised Tax Barristers in this link.

Related Articles:

 [https://sustainabubble.blogspot.com/2022/01/what-are-4-favourable-reasons-to-use.html What Are 4 Favourable Reasons To Use Expert Tax Barristers? ] 


 [https://fridaymisgivings.blogspot.com/2022/01/london-tax-barristers-confronted-with.html London Tax Barristers: Confronted With So Many Decisions ] 


 [https://appropriateselection.blogspot.com/2022/01/the-value-of-specialised-tax-barristers.html The Value Of Specialised Tax Barristers ]"></source>

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 They may also focus on prosecuting tax crimes in complex cases, particularly related to avoidance and evasion issues, as well as dealing with freedom of information matters.
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