The U.K. government expands its crackdown on tax evaders and the persons who assist them, by targeting businesses who fail to prevent tax evasion....more
12/22/2016
/ Corporate Liability ,
Criminal Fascilitation ,
Criminal Liability ,
Criminal Penalties ,
Due Diligence ,
Employee Training ,
Foreign Tax ,
Fraud Prevention ,
Fund Managers ,
HMRC ,
Indemnity Agreements ,
Investors ,
Risk Assessment ,
Senior Managers ,
Tax Evasion ,
Third-Party Service Provider ,
UK ,
UK Bribery Act ,
White Collar Crimes
On June 23, the UK electorate took the historic decision to leave the European Union, a process that has never been undertaken by any member state. While the vote itself does not trigger the process of exit from a legal...more
6/28/2016
/ Anti-Avoidance ,
Article 50 Treaty of the EU ,
Bilateral Agreements ,
Conflicts of Laws ,
Corporate Taxes ,
Data Protection ,
David Cameron ,
Debt Financing ,
Dispute Resolution ,
EU ,
EU Data Protection Laws ,
European Economic Area (EEA) ,
Financial Services Industry ,
Free Movement ,
Global Economy ,
Hague Convention ,
Immigration ,
International Arbitration ,
International Labor Laws ,
International Tax Issues ,
Referendums ,
Scotland ,
Stamp Duty Land Tax ,
State Aid ,
Treaty of Lisbon ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA) ,
Value-Added Tax (VAT) ,
Withholding Tax ,
WTO
Arguing that their compensation should count as capital gains — since it derives from the appreciation in value of portfolio companies — private equity executives in Europe generally have been taxed under the more favorable...more
1/22/2016
/ Capital Gains ,
Carried Interest ,
EU ,
Executive Compensation ,
France ,
Germany ,
HMRC ,
Income Taxes ,
Management Fees ,
Managers ,
Private Equity ,
Tax Liability ,
UK
On November 12, 2015, the European Banking Authority (EBA) published a follow-up report on the treatment of role-based allowances (Allowances) paid by banks to their staff. The EBA’s original, October 2014 report and opinion...more
Skadden held a webinar on September 14, 2015, to discuss certain key aspects of the U.K. Supreme Court decision in Anson v. HMRC, with a focus on potential ramifications for multinational groups including Delaware LLCs (and...more
10/7/2015
/ Anson v HMRC ,
Business Taxes ,
Delaware Limited Liability Company Act ,
Dividends ,
Double Taxation ,
Foreign Corporations ,
HMRC ,
Limited Liability Company (LLC) ,
LLC Agreements ,
Tax Credits ,
Tax Treaty ,
UK ,
UK Supreme Court
Fundamental to any developed tax policy is knowing who the taxpayer is (or should be) with respect to any particular transaction. Although that can be relatively straightforward in purely domestic situations, a cross-border...more
9/29/2015
/ Anson v HMRC ,
BEPS ,
CFC ,
Cross-Border Transactions ,
Double Taxation ,
Entity Classification ,
HMRC ,
Legal Entity Identifiers ,
Limited Liability Company (LLC) ,
Tax Policy ,
Tax Treaty ,
UK ,
UK Supreme Court
New rules effective from today in the U.K. are likely to have material impact on the tax treatment of payments by a fund to its U.K.-based management executives and service providers. The rules cover many areas of fund...more
4/8/2015
/ Carried Interest ,
Clawbacks ,
Distribution Rules ,
Fees ,
Financial Transaction Tax ,
Fund Managers ,
Hedge Funds ,
HMRC ,
Income Taxes ,
Investment Management ,
Limited Partnerships ,
Non-Resident Aliens ,
UK
On Wednesday, the U.K. Government released draft legislation to be effective on 1 April 2015, which will impose a “diverted profits tax” (DPT) at 25 percent of the amount of profits deemed to have been diverted from the U.K....more
Since 1 January 2014, the EU’s Capital Requirements Directive (CRD)1 has required EU-regulated banks (EU Banks) to limit variable compensation paid to key bank staff to 100 percent of their fixed compensation (or 200 percent...more
Michel Barnier, vice president of the European Commission, recently wrote to the chairman of the European Banking Authority (the EBA), asking the EBA to report by the end of this month on whether allowances paid by EU banks...more
U.K.’s challenge to the proposed financial transaction tax (FTT), while recognizing that the U.K.’s challenge was precautionary — and possibly premature.
The U.K. was challenging the European Council’s Decision...more
On 13 March 2014, the Prudential Regulation Authority (PRA), the U.K. regulator responsible for prudential supervision of banks, insurers and large broker-dealers, issued a consultation paper on bonus clawback (CP6/14). ...more
On March 14, 2014, the Organisation for Economic Co-operation and Development (OECD) published a discussion draft report on preventing double-tax treaty abuse (the Treaty Report). The OECD supplemented this release on March...more
European lawmakers have reached agreement on amendments to the Undertakings for the Collective Investment in Transferable Securities (UCITS) Directive, which regulates the management and marketing of EU mutual funds. These...more
The U.K.’s banking regulator, the Prudential Regulation Authority (PRA) recently published a consultation paper on its approach to supervising international banks (the Draft Supervisory Approach). ...more
As part of a push for greater transparency, the Organization for Economic Cooperation and Development (OECD) released on February 13, 2014, a Common Reporting Standard (CRS) for Automatic Exchange of Financial Account...more
Six months have elapsed since the Organisation for Economic Co-operation and Development (OECD) released its 15-point action plan to address Base Erosion and Profit Shifting (BEPS). During this time, OECD has been working...more
As part of Autumn Statement 2013, HM Revenue & Customs (HMRC) has today publicly named the banks that have newly adopted or readopted the Code of Practice on Taxation for Banks (the Code)....more
On 25 November 2013, the U.K.’s Financial Conduct Authority (the FCA) issued a consultation paper proposing new rules to clarify the circumstances in which U.K. asset managers can currently pay dealing commission (CP13/17)....more
By the end of this year, the European Commission will present its legislative proposals for EU banking structural reform. Once the proposals are implemented, EU banks will have to separate their “investment” business from...more
On October 11, 2013, the U.K. Government announced three key changes to the Code of Practice on Taxation for Banks (the Code):
- A bank that breaches the Code could be publicly named. However, before concluding whether...more
The European Council Legal Service has issued an opinion that seriously questions the legal validity of the European Commission’s proposals for a financial transaction tax (FTT). The opinion finds that the extraterritorial...more
The U.K. government recently published its response to the Parliamentary Commission on Banking Standards’ (the Commission) final report and recommendations, which partly cover the U.K.’s Approved Persons regime....more
Introduction -
Following on its February 2013 report on Addressing Base Erosion and Profit Shifting (BEPS), the Organisation for Economic Co-operation and Development (OECD) has now released an ambitious action plan...more
The U.K. Treasury recently published its response to its January 2013 consultation on transposing the EU Alternative Investment Fund Managers Directive (AIFMD). A revised draft version of the Alternative Investment Fund...more