Mark Stapleton

Mark Stapleton

Dechert LLP

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Using corporate structures to own UK residential property – a dead end?

Historically, UK resident non-domiciled individuals have been able to achieve certain tax advantages through holding interests in UK residential property through offshore companies. In recent years, the UK government has...more

10/24/2016 - Capital Gains Corporate Taxes Foreign Corporations Inheritance Tax Non-Domiciled Investors Real Estate Investments Stamp Duty Land Tax UK

ECJ Ruling Opens Door To Withholding Tax Refunds

The European Court of Justice (ECJ), in the case of Brisal, has determined on 13 July 2016 that national law which prohibits a non-resident taxpayer from deducting financing/operating costs from interest withholding tax...more

7/21/2016 - Cross-Border Transactions Discrimination EU European Court of Justice (ECJ) Ireland Member State Portugal Tax Refunds UK Brexit Withholding Tax

Brexit – The UK and International Tax Consequences

The political, economic and constitutional fallout of the UK’s referendum decision to leave the European Union (Brexit) will continue for some time. In addition to considering some of the possible domestic UK tax implications...more

7/2/2016 - CFCs Controlled Foreign Corporations Corporate Taxes Customs Dividends EEA EU Exit Tax ICAV Income Taxes International Tax Issues Referendums Stamp Taxes Tax Treaty Transfer Pricing UK UK Brexit VAT

Financial Services Quarterly Report - Second Quarter 2016: OECD Common Reporting Standard: The Next Steps

The Common Reporting Standard (CRS) of the Organisation of Economic Co-operation and Development (OECD) came into effect on 1 January 2016 in “early adopter” jurisdictions, including the UK and popular fund jurisdictions such...more

7/1/2016 - Common Reporting Standard (CRS) Due Diligence Financial Institutions Investment Funds Investors OECD Reporting Requirements

UK Taxation Update for Investment Managers

The shifting sands of the taxation landscape for investment managers continues apace. Just when you perceive an oasis of stability on the horizon, it is revealed to be a mirage by the announcement of yet further changes....more

4/1/2016 - Anti-Avoidance Carried Interest Carried Interest Tax Rates HMRC Income Taxes Investment Management Management Fees UK

New Withholding Tax Exemption for Private Placements in the UK

Interest paid by UK companies is generally subject to withholding tax at 20%. Although various exemptions apply, most notably in respect of interest payments to banks and other UK companies, and in respect of securities...more

1/8/2016 - Corporate Taxes Exemptions Interest Payments Private Placements Securities UK Withholding Tax

Financial Services Quarterly Report - Fourth Quarter 2015: Further Change to the UK Taxation of Carried Interest

The UK Government, as anticipated, issued draft legislation on 9 December designed to establish clear rules as to when carried interest can qualify for favourable capital gains tax treatment. The draft legislation follows a...more

12/30/2015 - Capital Gains Carried Interest Carried Interest Tax Rates Financial Services Industry HMRC Investment Funds UK

Further Change to the UK Taxation of Carried Interest

The UK Government, as anticipated, issued draft legislation on 9 December designed to establish clear rules as to when carried interest can qualify for favourable capital gains tax treatment. The draft legislation follows a...more

12/11/2015 - Capital Gains Carried Interest Carried Interest Tax Rates HMRC Non-Domiciled Investors UK

The Common Reporting Standards - New Global Tax Information Exchange Regime Begins January 2016

The Common Reporting Standard (“CRS”) will impose new investor due diligence and reporting obligations on funds and other financial institutions based in “early adopter” participating jurisdictions, with effect from January...more

11/11/2015 - Common Reporting Standard (CRS) Cross-Border Transactions Due Diligence FATCA Financial Institutions Information Sharing International Tax Issues Investment Funds OECD UK

Financial Services Quarterly Report - Third Quarter 2015: Letter from Amsterdam: Dechert and European Private Equity CFOs and COOs...

Dechert was again pleased to support the SuperReturn CFO/COO Forum, held in Amsterdam in September. Nearly 200 GPs, LPs and key individuals from the private equity and venture capital industry came together for three days of...more

10/14/2015 - AIFMD Asia Pacific BEPS CFOs COOs EU European Securities and Markets Authority (ESMA) Financial Institutions OCIE OECD Private Equity Private Placements SEC Venture Capital

Global Private Equity Newsletter - Fall 2015 Edition: The Summer Budget – Changes to the UK Tax Treatment of Carried Interest

The Chancellor of the Exchequer’s recent Summer Budget and the related legislation introduced a series of unexpected tax changes along with the promise of further changes to come. Shortly after the Summer Budget was issued...more

10/10/2015 - Anti-Avoidance Budgets Capital Gains Carried Interest Carried Interest Tax Rates Corporate Taxes Cost-Shifting Double Taxation HMRC Investment Management Private Equity Resident Non-Domiciled (RND) Tax Credits UK

UK tax treatment of US LLC: HMRC’s practice following Anson

We reported earlier this year on the UK Supreme Court’s decision in HMRC v Anson, in which it was held that a UK taxpayer, Mr. Anson, was entitled to claim relief against his UK tax liabilities for US tax paid on his share of...more

10/1/2015 - Anson v HMRC Business Taxes Double Taxation HMRC Limited Liability Company (LLC) UK UK Supreme Court

Financial Services Quarterly Report - Second Quarter 2015: OECD Discussion Draft on BEPS: Funds’ Treaty Access under Threat

The Organisation for Economic Co-operation and Development (OECD) published a revised discussion draft on 22 May 2015, in relation to Action 6 of the BEPS (Base Erosion and Profit Shifting) Action Plan (Action Plan 6), which...more

7/29/2015 - BEPS Derivatives Double Taxation International Treaties Investment Funds OECD Pooled Investment Vehicles Tax Treaty TRACE

The UK Summer Budget - Private Equity and Investment Management

The Chancellor of the Exchequer’s Summer Budget on 8th July introduced a series of unexpected tax changes affecting the private equity and investment management industry along with the promise of further changes to come....more

7/16/2015 - Anti-Avoidance Budgets Capital Gains Carried Interest Corporate Taxes HMRC Investment Management Private Equity Resident Non-Domiciled (RND) Tax Reform UK

Taxpayer wins landmark decision regarding the UK tax treatment of US LLCs

Following the taxpayer’s victory in the recent Supreme Court decision of HMRC v Anson, UK resident members of Delaware LLCs may now be entitled to claim relief against their UK tax liabilities for US tax paid on their share...more

7/9/2015 - Corporate Taxes IRS Limited Liability Company (LLC) Multinationals UK

Worldwide Exchange of Tax Information: OECD Expands upon FATCA to Add New Requirements

While the Foreign Account Tax Compliance Act (FATCA) has focused worldwide attention on U.S. efforts to create a mandatory cross-border exchange of tax information, the enactment of FATCA was not an isolated occurrence. For...more

12/24/2014 - Cross-Border FATCA FFI Intergovernmental Agreements OECD

Changes to the UK Tax Residence Rules for AIFs and Pitfalls to Avoid

In a previous article, we reported that draft legislation had been published to extend the scope of section 363A of the Taxation (International and Other Provisions) Act 2010 to ensure that alternative investment funds (AIFs)...more

10/14/2014 - Alternative Investment Funds Foreign Investment Foreign Investment Fund Tax Planning UK

Update on the EU's Proposed Financial Transactions Tax

The Court of Justice of the European Union (CJEU) recently issued a decision rejecting the UK government’s initial legal challenge against the proposed introduction of a financial transactions tax (FTT) in Europe. The...more

6/26/2014 - EU European Court of Justice (ECJ) Financial Regulatory Reform Financial Transaction Tax

UK Enters into Tax Agreements with the Cayman Islands and Other Offshore Jurisdictions

The UK and the Cayman Islands recently entered into an agreement to improve international tax compliance (ITC). Similar to the US Foreign Account Tax Compliance Act (FATCA), the ITC imposes wide-ranging UK financial reporting...more

3/27/2014 - FATCA International Tax Issues ITC UK

Financial Services Quarterly Report - Fourth Quarter 2013: UK Autumn Statement Brings Mixed Blessings

This year’s Autumn Statement delivered by the Chancellor of the Exchequer in Parliament on 5 December 2013, and the subsequent draft Finance Bill and H.M. Revenue & Customs (HMRC) and H.M. Treasury press releases of 10...more

12/27/2013 - Alternative Investment Fund Managers Directive Alternative Investment Funds Deferred Compensation Hedge Funds International Finance Investment Funds Offshore Funds Partnerships Payment-In-Kind Private Equity Funds UK

Pre-Budget Review: Changes to the Taxation of Mixed Partnerships in the UK

Background - HMRC published a consultation document on 20 May 2013 which proposed major changes to the taxation of partnerships. This was of particular relevance to investment management LLPs – and especially to those...more

12/6/2013 - Business Taxes LLPs Partnerships UK

HMRC Consults on Tax Residence of Non-UCITS Funds Managed by UK Managers

HMRC has released a series of consultations regarding financial services taxation. The proposed measures are in line with the Government’s “UK investment management strategy”, a commitment announced in the 2013 Budget to...more

7/25/2013 - AIFM Asset Management Fund Managers HMRC Tax-Residency Certificate UCITS UK

OECD Sets Out Ambitious Global Plan to Tackle Tax Fairness Issues

The Organisation for Economic Co-operation and Development (OECD) issued an “Action Plan” to tackle “Base Erosion and Profit Shifting” (“BEPS”) on 19 July 2013. The concept of BEPS covers a range of international tax...more

7/24/2013 - Enforcement Actions Fairness Hearings G20 OECD Tax Rates Tax Reform

HM Treasury Rethinks the UK Tax Treatment of Fee Rebates

In a Written Ministerial Statement made in UK Parliament on 21 May 2013, Treasury Economic Secretary Sajid Javid MP announced the Treasury’s intention to make a crucial and very welcome clarification to the recent HMRC Brief...more

5/22/2013

HM Revenue & Customs Consultation Document Poses Significant Tax Challenges for Investment Management LLPs

On 20th May, HMRC published a consultation document which proposes major changes to the taxation of partnerships in the UK. The consultation is particularly relevant to investment management LLPs – and especially to those...more

5/21/2013 - Corporate Taxes Income Taxes Investment Management LLPs Partnerships

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