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We have considerable expertise in advising clients on capital taxes, most notably inheritance tax and capital gains tax.

Our barristers provide advice on pure tax problems as well as having considerable expertise in dealing with capital taxes, as part of instructions in any private client matter, be that contentious or non-contentious. In relation to trust and estate administration matters we can generally provide comprehensive advice on all legal issues including the trust law issues and the taxation issues which may arise, resolving disputes and advising on liaison with HMRC.

Our barristers also act for HMRC as juniors in some of the current, leading tax cases.

The Legal 500 2023 ranks Susannah Meadway, Robert Arnfield, Georgia Bedworth and James MacDougald as leading juniors for Private Client: Personal Tax

Several members are co-editors of Mellows: Taxation for Trustees and Executors.

Contact our Taxation Clerks

Contact our experienced Clerks to find out which Taxation barristers would be ideal for you. They have many years of experience and will ensure that you receive a premium service and advise on the suitability, availability and cost of instructing specialist Counsel.

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"Provides clear and concise guidance and doesn't sit on the fence."

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Our Taxation Experience

Tax is a significant part of private client work, for which Chambers has been recognised as a leading set. Many applications under the Variation of Trusts Act are tax motivated, and the tax consequences of any such application require specialist consideration. Barristers from Ten Old Square were involved in the leading cases on the inheritance tax reservation of benefit rules.

In addition, members of Chambers have significant experience in dealing with tax planning issues involving capital taxes, including tax efficient will drafting, deeds of variation, negotiation with HMRC and associated professional negligence. Members of Ten Old Square are well equipped to deal with capital taxes points which may arise in any private client matter.

Taxation Frequently Asked Questions

What do we mean by capital taxes?

UK inheritance tax and capital gains tax. Other taxes do, though, come within the remit of barristers at Ten Old Square, in particular income tax, stamp duty land tax (“SDLT”) pre-owned assets tax (“POAT”) and the annual tax on enveloped dwellings (“ATED”), particularly where they impact on another core area of Chambers’ work such as trusts and estates.

What is the focus of Chambers’ work in this area?

Members of Chambers are instructed both to advise on the capital taxes consequences of past transactions and events and planning to mitigate tax.  Often this will involve high-net worth individuals, trusts and estates with a particular focus on UK inheritance tax and capital gains tax.  Particular strengths are advising on inheritance tax reservation of benefit, deeds of variation and the application of anti-avoidance provisions such as the general anti-abuse rule (the “GAAR”) and the Disclosure of Tax Avoidance Schemes (“DOTAS”) regime.

The UK taxation environment continues to evolve and members can assist in advising and drafting so as to avoid pitfalls.

Why instruct members of Ten Old Square?

The breadth of practice areas at Ten Old Square means that members can deal with capital taxes issues arising in virtually all contexts.  As well as breadth, Ten Old Square has depth, with experienced barristers at all levels of call.  It should be possible to identify a suitable member of Chambers to deal with virtually any capital taxation matter on a cost-effective and pragmatic basis.

Several members are co-editors of Mellows: Taxation for Trustees and Executors. Members co-edit Williams on Wills whose sections on the tax charge on death and tax planning in relation to  wills and estates is second to none. Members have in the past edited and contributed to Foster’s Inheritance Tax.

What taxes can we advise upon?

UK taxes, but in both a UK and non-UK context such as non-UK resident trusts and individuals.  The primary focus is on inheritance tax and capital gains tax.  But capital taxation matters will often also involve other taxes such as income tax, pre-owned assets tax, stamp duty land tax and the annual tax on enveloped dwellings.  Anti-avoidance provisions such as the GAAR and DOTAS apply more generally.  Members of Ten Old Square can assist.

How do I select a barrister for a capital taxes matter?

This website contains details of the barristers at Ten Old Square to assist you.  You should speak to our clerks who are highly experienced in matching the right barrister to the matter.  We understand that each matter is different, that difficult or urgent issues can arise in even modest matters and that conversely very substantial sums may be at stake.

What are the fees for instructing a barrister in a capital taxes matter?

We aim to provide a cost-effective service and will strive to ensure that our fees are competitive.  Our Clerks will advise you of the hourly rate applicable to any barrister in Chambers and for any piece of work and this can be agreed in advance taking into account the nature of the case and its complexity, and the experience of the barrister instructed.

Areas of Taxation Expertise

  • Capital Gains Tax planning and mitigation
  • Capital Gains Tax deferral
  • Inheritance tax planning and mitigation
  • Reservation of benefit issues
  • Use of Business Property Relief
  • Use of Agricultural Property Relief
  • Tax efficient will drafting
  • Deeds of Variation
  • Tax planning in the Court of Protection

Members of Chambers are contributors and editors of leading practitioner texts on Capital Taxes namely Fosters and Mellows Taxation of Executors and Trustees and Williams on Wills.

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