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Solicitors value barristers’ detailed knowledge of the litigation process and their ability to assess and advise on the merits and demerits of a case. A solicitor will pay good money for ‘counsel’s opinion’. A barrister (also called "counsel") is a type of lawyer who specialises in court advocacy and giving legal opinions. Some of the best tax barristers draw praise from both clients and peers for the depth of their tax experience. In many countries the traditional divisions between barristers and solicitors are breaking down. Barristers once enjoyed a monopoly on appearances before the higher courts, but in Great Britain this has now been abolished, and solicitor advocates can generally appear for clients at trial. Fascinatingly, a barrister who is a specialist on the subject of tax can provide advice on the consideration of the inheritance tax and capital gains tax rules regarding residential property and changes to excluded property in Finance (No2) Act 2017. Advice on DOTAS, POTAS, GAAR and the enabler’s legislation. On the contentious side, pension barristers advise trustees, employers and benefit consultancies on professional negligence claims, typically around errors in scheme drafting and the equalisation of normal retirement ages for men and women, and on Part 8 claims for the rectification or interpretation of scheme documents.
The skills and experience of a tax barrister cover VAT (both domestic and European issues), customs and excise duties, stamp duties, development land tax, inheritance and business tax reliefs, and issues of residence and domicile. Tax exemptions, GST, Deductible gift recipient (DGR) endorsements, fringe benefits tax concessions, state/territory tax exemptions and concessions are all areas which the best tax barristers would be able to assist in. The leading tax barristers have experience advising clients on tax audits and their relationship with local tax authorities, national courts or European legislative bodies. Competent tax virtuosos could act as advocates before all courts and tribunals in the UK. As you may be aware, the best Pensions Advice service can give advice in relation to their area of knowledge.
Direct Access Tax Barrister
Tax barristers appear at all levels of the UK and EU court systems, and regularly act in cases concerning issues such as corporate taxation, employment taxes, non-domiciled taxation and capital allowances, among others. Property investors are those taxpayers who buy property with the intention of making a long-term return via the letting of that property. Unlike property development, property investment does not carry with it the same favourable tax reliefs and it could therefore be even more vital to review and restructure your holdings. If an individual transferred their employment income to a company and did not subsequently withdraw it by way of salary or dividend, then under flat tax proposals that income would go completely untaxed for as long as it remained within the company, which could be for an indefinite period. Proficient barristers advise clients in the delicate tax audit management stage and in reaching an agreement with the tax authorities, applying the appropriate dispute resolution procedures. When instructing tax counsel, indicate clearly the points on which advice is required. But also instruct counsel to “advise generally”. Advisory services such as Domicile Advice are a common sight today.
Barristers are usually independent sole practitioners and are self-employed. They do not share profits, and are not in partnership with other barristers in chambers or with solicitors or other legal professionals. As UK tax law becomes increasingly complex, businesses and individuals need specialist tax lawyers able to identify the risks and opportunities, and to help them ensure compliance. If you are planning significant capital expenditure, a tax barrister or tax advisor may be able to advise you on the best timing to maximise the tax relief available to you. People using tax barristers should provide as much supporting documentation as might be relevant (eg sets of accounts, key contracts, correspondence). Taxpayers who can understand the rules and who know that others who share their circumstances will be similarly taxed are more likely see the system as fair. All professionals involved with Inheritance Tax Advice have a duty to be confidential.
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Some specialist tax barristers offer advice in relation to very large crypto positions. They advise issuers in relation to security and utility token issues, the taxation of consideration coins and on tax issues relating to the establishment of crypto exchanges. Conducting comprehensive and carefully managed disclosure to HMRC to help assist with any criminal investigation is a matter that a tax barrister can provide counsel on. The advisory side of a tax barrister's practice can include giving opinion on employment tax (including share schemes and EBTs). Some chambers provide a progressive approach to a traditional profession. 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. Need Tax Barrister If so, its important to employ the services of a skilled professional?
UK tax barristers advise on disputes between public bodies and HMRC. A tax barrister will be able to manage your tax position on divorce, residence for immigrants and other matters. Some tax barristers working at the cutting edge of technology are involved in projects concerning the taxation of cryptocurrencies and NFTs. You can get more particulars regarding London Tax Barristers in this entry.