You can get this advice for £3k-£5k from any junior tax barrister at PCTC, Temple Tax, 15 Old Square, etc. etc. There is absolutely no need to pay QC rates as it's plain vanilla.
Really? What do you get for that? Is it just written advice or do they also deal with all the drafting of contracts, filing the SDLT paperwork to the Stamp Office etc.!
This is plain vanilla. I attended the Pump Court Tax Chambers biennial tax seminar 2 years ago and it was discussed as vanilla planning in front of about 200 tax advisers then. Since then it is mentioned as vanilla planning in most such seminars (Temple Tax Chambers, etc. etc.)
Thank you for your supportive comments Justin and yes I am aware that Giles Goodfellow QC at Pump Tax also advocates this structure. I wasn’t aware that Temple Tax do too.
Before I ever agreed to help promote this structure I consulted Giles Goodfellow QC at Pump Tax. He charged £5,000 + VAT for a verbal opinion and his Clerk quoted a further £15,000 + VAT for him to produce a written opinion and to draft documents. I didn’t take them up on that because Cotswold Barristers has already done that work. The only reason I approached Pump Tax was to get a second opinion from a larger and better recognised Tax Chambers.
If I was the sort of person who didn't care I wouldn't have given up two years of my life to recover £27,500,000 of illegally overcharged mortgage interest would I? Just to be clear, I didn't charge for any of the work I did on that case.
My case also resulted in the case law relied upon by BICT.
There is no lie of omission in regards to BICT. Either a lenders T&C's preclude transfer of beneficial interest or they don't. It is a matter of fact. How dare you accuse me of dishonesty!
Do your mortgage T&C's specifically state that you can fart in your own home? If not, do you seek consent from them whenever you feel the need?
We always advised against the use of SDLT schemes.
BICT is not a "scheme", it is a structured Business sale agreement. It is NOT designed to avoid tax but to facilitate the avoidance of refinancing in conjunction with s162 incorporation.
How do I know you're even a real accountant? Are you prepared to reveal your identity or will you remain hiding in the shadows under a pseudonym?
Presumably, you error in the use of the name "Cotswold solicitors" was intentional to make it more difficult for you to be sued for defamation if your identity is ever revealed?
Your trolling of this forum thread is absolutely disgraceful.
Horrible defamatory comment, totally unbecoming of a supposed professional. I have reported to moderators.
We never put our fees above client welfare!
We provide all clients and their accountants with software to do their own modelling. This is included within our initial £400 consultation fee, which comes with a guarantee of total satisfaction or a full refund. The consultations conclude with a written report and recommendations with links to the appropriate HMRC manuals.
You come across as a spiteful rival.
Sometimes I feel like the only medic on the battlefield, which is worse when somebody who is supposedly on the same side starts taking pot shots!
If you genuinely believe there are massive risks then by all means point them out and let's discuss sensibly.
Yes of course I know the answers to these questions, and for you they may well be "easy peasy". However, many accountants we speak to haven't even heard of the Ramsay case, never mind how schedule 15 FA2003 affects SDLT for partnerships at the point of incorporation or how HMRC defines a partnership for landlords based on the outcome of the Ramsay case.
Given the level of interest from accountants of landlords in incorporation post s24 FA(No.2) 2015, many landlords and their accountants want/need to know more about this to aid client retention and to provide a quality service to their affected clients - and hence the proposed webinar.
I think people are immune to advertising these days.
One idea that has come to mind though is to sponsor CPD events organised by accountancy networks. These could be physical meetings, or better still Webinars. Reason being that I am based in Malta and Mark Smith, Head of Chambers at Cotswold Barristers is often too busy. That said, we did co-present one particularly large event in London earlier this year. I don't know whether I can embed video's via this forum but I'm going to try.
My answers
Really? What do you get for that? Is it just written advice or do they also deal with all the drafting of contracts, filing the SDLT paperwork to the Stamp Office etc.!
If they do, can you give me a name please?
Thank you, and yes I accept that I am bloody awful at marketing to Accountants, but I’m quite sure a lot follow my blogs anyhow.
I am passionate about the PRS and I don’t enjoy being attacked when I try to help. It is for that reason I become defensive, it’s who am I am
Are you calling Cotswold Barristers a bunch of chancers?
Thank you for your supportive comments Justin and yes I am aware that Giles Goodfellow QC at Pump Tax also advocates this structure. I wasn’t aware that Temple Tax do too.
Before I ever agreed to help promote this structure I consulted Giles Goodfellow QC at Pump Tax. He charged £5,000 + VAT for a verbal opinion and his Clerk quoted a further £15,000 + VAT for him to produce a written opinion and to draft documents. I didn’t take them up on that because Cotswold Barristers has already done that work. The only reason I approached Pump Tax was to get a second opinion from a larger and better recognised Tax Chambers.
If I was the sort of person who didn't care I wouldn't have given up two years of my life to recover £27,500,000 of illegally overcharged mortgage interest would I? Just to be clear, I didn't charge for any of the work I did on that case.
My case also resulted in the case law relied upon by BICT.
There is no lie of omission in regards to BICT. Either a lenders T&C's preclude transfer of beneficial interest or they don't. It is a matter of fact. How dare you accuse me of dishonesty!
Do your mortgage T&C's specifically state that you can fart in your own home? If not, do you seek consent from them whenever you feel the need?
BICT is not simply a DoT. You would know that if you were to have read the PDF link.
Hopefully, the genuine accountants using this forum will be able to see beyond the trolling that's going on here.
Mark Smith is the Barrister behind BICT. For anybody wanting to do real due diligence on myself or Mark smith I respectfully recommend reading the linked article below produced by Walker-Morris solicitors https://www.walkermorris.co.uk/publications/newsflash-court-appeal-rules...
Or this one by Eversheds http://www.eversheds-sutherland.com/global/en/what/articles/index.page?A...
We always advised against the use of SDLT schemes.
BICT is not a "scheme", it is a structured Business sale agreement. It is NOT designed to avoid tax but to facilitate the avoidance of refinancing in conjunction with s162 incorporation.
How do I know you're even a real accountant? Are you prepared to reveal your identity or will you remain hiding in the shadows under a pseudonym?
Presumably, you error in the use of the name "Cotswold solicitors" was intentional to make it more difficult for you to be sued for defamation if your identity is ever revealed?
Your trolling of this forum thread is absolutely disgraceful.
Horrible defamatory comment, totally unbecoming of a supposed professional. I have reported to moderators.
We never put our fees above client welfare!
We provide all clients and their accountants with software to do their own modelling. This is included within our initial £400 consultation fee, which comes with a guarantee of total satisfaction or a full refund. The consultations conclude with a written report and recommendations with links to the appropriate HMRC manuals.
You come across as a spiteful rival.
Sometimes I feel like the only medic on the battlefield, which is worse when somebody who is supposedly on the same side starts taking pot shots!
If you genuinely believe there are massive risks then by all means point them out and let's discuss sensibly.
Yes of course I know the answers to these questions, and for you they may well be "easy peasy". However, many accountants we speak to haven't even heard of the Ramsay case, never mind how schedule 15 FA2003 affects SDLT for partnerships at the point of incorporation or how HMRC defines a partnership for landlords based on the outcome of the Ramsay case.
Given the level of interest from accountants of landlords in incorporation post s24 FA(No.2) 2015, many landlords and their accountants want/need to know more about this to aid client retention and to provide a quality service to their affected clients - and hence the proposed webinar.
I think people are immune to advertising these days.
One idea that has come to mind though is to sponsor CPD events organised by accountancy networks. These could be physical meetings, or better still Webinars. Reason being that I am based in Malta and Mark Smith, Head of Chambers at Cotswold Barristers is often too busy. That said, we did co-present one particularly large event in London earlier this year. I don't know whether I can embed video's via this forum but I'm going to try.
If the embed code does not work the link to the video on YouTube can be found at https://youtu.be/gzxj4lDWsf0