Our expert team is sourced from a range of professional backgrounds
Meet The Team
Chartered Tax Advisers: The Gold Standard
Shipleys Tax is a tax driven practice lead by fully fledged members of the The Chartered Institute of Taxation (Chartered Tax Advisers). This is considered the gold standard which stands over and above others within the tax profession.
The partners work alongside their talented team of tax and accountancy professionals. Together they hold over 45 years worth of high level tax planning, audit and accountancy expertise and have trained with Big 4 accountancy firms KPMG and Ernst & Young.
- Co-founder and head of Tax Planning.
- Over 15 years in tax planning HNWIs and Trusts.
- Gained CTA status with prestigious accountancy firm KMPG and reached senior Tax Planning manager.
- Previously held key positions at top firms: Ernst & Young and PKF.
Shabeer is passionate about providing down-to-earth, practical tax solutions in answer to even the most complex of problems; he always ensures that through Shipleys’ services that the end client receives true value for money.
Telephone: 0114 275 6292
- Co-founder and Head of Tax and VAT.
- 14 years experience in tax planning and consulting for OMBs, multinational companies.
- Formerly served as senior technical consultant with Croner Consulting.
- Qualified CTA with prestigious accountancy firm Ernst & Young specialising in corporate tax.
- Previously worked within top ten firm Baker Tilly and Gordons as a tax manager.
Expertise: GPs/Dentists and Pharmacies, corporate and international tax, loan relationships, company reconstructions and group planning, IR35, VAT and Charities.
Having worked with and advised other professionals Abdul believes there is no substitute for solid, clear advice for those seeking a robust tax planning and accountancy service.
Telephone: 0114 275 6292
- Head of Accounts and audit assistance.
- Over 11 years’ high level experience in Audit and Accounts.
- Trained and qualified with Ernst & Young as a Senior Assurance Consultant before working at other accountancy practices within the top ten UK firms.
- Significant experience in Auditing large PLC companies and dealing with FDs & FCs of FTSE 100 companies.
- Management experience of auditing and accounting SMEs, Legal and Medical Profession, Charities and Not-for-Profit Organisations.
Expertise: Auditing and Accounts preparation for Solicitors, Dentists and GP surgeries, VAT, Charities, Grant funding, Business Planning.
Masood steadfastly believes that the key to managing a successful client relationship is to provide each client with a highly personalised level of service, as well as being proactive in his approach to each tax planning problem. At Shipleys we pride ourselves on being able to provide both as standard.
Telephone: 0114 275 6292
- Over 30 years tax experience across a plethora of tax areas.
- After qualifying in tax Ken moved to a top 30 tax firm in London as corporation tax manager dealing with quoted group of companies.
- Company reconstructions; MBOs; purchase of own shares; acquisitions/sales and due diligence work.
- Tax planning strategies involving employee trusts (EBTs, E-Furbs); SDLT mitigation; income tax/capital gains tax/IHT sheltering; profit extraction; company capital gains mitigation and briefing tax counsel on proposed strategies.
- Recognised expertise on employment-related shares including HMRC-approved EMI options; unapproved share schemes and technical issues and employment status enquiries.
- Extensive experience of contentious technical disputes with HMRC, with successful outcomes on many issues.
Telephone: 0114 275 6292
- Over 28 years experience in taxation.
- ICAEW Tax and the Finance & Management Faculties member; member of the Council of the Chartered Institute of Taxation.
- Formerly a Senior Manager at KPMG and latterly at RSM Robson Rhodes.
- Lecturer in tax for branch meetings of the Chartered Institute of Taxation and Sheffield Hallam University on property taxation.
Telephone: 0114 275 6292
- Extensive background in litigation and regulatory compliance. Babul deals with dispute resolution, business issues, contracts, property and employment related legal issues.
- Settling cases of high value (up to £1 million).
- Trustee of Yorkshire Water Community Trust since 2010.
- Recent Trustee of 1 million pounds trust
- Trained mediator.
Telephone: 0114 275 6292
- As an ex-Inspector of Taxes and former Ernst & Young manager, Sean has spent more than 20 years working on both sides of the tax industry, at one time leading HMRC investigations and at others defending clients against them.
- Sean is a highly-regarded tax consultant and tax accountant who specialises in Tax Investigations and Tax Risk Management.
- During his career he has helped minimise the tax liabilities of private individuals and small and medium-sized (SME) business through to FTSE 100 and Blue Chip companies.
- This experience has left us uniquely qualified in being able to provide tax advice and resolve tax problems in a way which can withstand the intense scrutiny of HMRC.
- This is because we have first-hand knowledge of HRMC operating procedures, giving us an invaluable insight in how best to advise clients on the complex tactics and strategies HMRC employs.
Telephone: 0114 275 6292
Ian has over 20 years experience within the VAT world. His first 8 years experience were gained with Customs & Excise, working as a VAT inspector throughout the Yorkshire and Humberside region and acting as a trainer throughout the North. Ian’s past 12 years have been spent working for a variety of VAT service providers, including two ‘big 4’ and one ‘top 10’ accountancy practices, a large regional accountancy practice and a VAT service boutique. From entering private practice as an Assistant Manager Ian achieved promotion to Director leading a team of consultants.
Telephone: 0114 275 6292
In most small family trading companies it is not unusual for the husband and wife own all the shares. Where a family member works in the business they may wish to give them shares in the company as recognition for their input and hard work.
However, giving shares isn’t as easy as it sounds. There are various taxes that need to be considered on a gift of shares to a family member, including income tax, capital gains tax, inheritance tax and stamp duty.
If an employee of a company receives “free” shares, for example, or if you make a gift of shares to a family member who works in the business, an income tax charge could arise on the market value of the shares gifted. If, however, it can be demonstrated that the transfer of shares is for reasons of family or personal relations, the income tax charge may be avoided.
A gift of shares to a family member is also a deemed to be a disposal of shares for capital gains tax purposes. As the gift is being made to a connected party, it is a deemed disposal at market value. In the case of a gifts it is typical that the person making the disposal receives no monies out of which to pay any capital gains tax which may arise (the gift is treated as a sale at market value). This could discourage family members from making gifts as part of any family tax planning mitigation exercise.
Therefore, capital gains tax is potentially payable on any gain arising even though no consideration is paid. However, providing certain conditions are met, it may be possible to reduce the capital gain on the shares gifted to Nil by way of gift relief. This allows the capital gain (and thus any tax liability) which is deemed to arise on gift of the shares at market value to be postponed. It does this by effectively transferring the capital gain to the recipient of the gift. To claim this relief appropriate submissions must be made to HMRC at the right time.
Stamp duty is also normally payable on the issue or sale of shares and is payable by the person receiving or acquiring the shares. However, if the shares are gifted and no consideration is paid, a stamp duty gift exemption relief can be claimed which is likely to reduce the stamp duty costs to nil.
For inheritance tax (IHT) purposes, a gift of shares to a family member would constitute what is known as a lifetime transfer. Based on current legislation, if you survive 7 years from the date of the gift, there should be no inheritance tax consequences on the transfer of shares to the family member. In the event of your death within 7 years of the gift, IHT relief may be available on the transfer providing certain conditions are met. This could also reduce any potential exposure to inheritance tax to Nil.
Before any transfer of shares takes place, we would recommend that you seek professional advice to ensure that the available reliefs are applicable to your particular circumstances and also to ensure that the various conditions for each tax relief are fulfilled.
The advice above is general guide only and does not constitute any advice whatsoever. You must seek professional advice before taking any action.
For more information please contact us on 0114 275 6292 or firstname.lastname@example.org.
Deductibility of receiver’s and legal fees
In a recent case the First-tier Tribunal (FTT) has held that the fees of a receiver appointed to sell properties forming part of a letting business and legal fees in challenging the receivership and claiming against the bank for their actions in relation to the loan were not allowable expenditure under TCGA 1992, s. 38.
The FTT found that both a receiver’s fee and legal fees effectively paid by the taxpayers on the forced disposal of properties were not deductible for capital gains tax (CGT) purposes.
The taxpayers owned ten properties, nine of which were let out. It was decided to consolidate the various related loans in place into a single loan with one bank.
Two of the properties were sold, with the bank’s permission. The taxpayers intended to use the proceeds to reduce the loan. However, the bank did not do this. It claimed that the taxpayers were in breach of the terms of the loan as the reduced rental income dropped to less than a predetermined percentage of the interest.
A receiver was appointed who subsequently arranged sale of the remaining eight properties. The taxpayers incurred various legal fees to prevent the forced sale and subsequently to claim against the bank. The bank also deducted the receiver’s fees from the sale proceeds.
The FTT found that the receiver’s fee on the forced sale of the properties was not wholly and exclusively in relation to the sale as the receiver carried out other tasks. This was therefore not deductible. This follows the decision in the recent case of O’Donnell v HMRC  UKFTT 347 (TC).
The taxpayers argued that the legal fees fell within TCGA 1992 s.38(1)(b) and were incurred wholly and exclusively in establishing, preserving or defending title to, or a right over, the asset. The FTT disagreed; the work to prevent the forced sale and the litigation with the bank were concerned with their rights and liabilities under the loan agreement with the bank. The expenses were not allowable. The FTT suggested that the fees were all in fact of an income nature.
If you need advice with capital gains tax on properties please contact us on email@example.com or call 0114 275 62 92 and ask for a tax consultation.
From 6 April 2017 a UK residential property will now be subject to UK Inheritance Tax regardless of ownership structure and residence or domicile status of the ultimate owner.
Who will be affected?
The new rules will affect all non-UK domiciliaries and the trustees of trusts they have established who hold an interest in an offshore structure which derives its value from:
- a UK residential property;
- loans (is provision applies to all loans not just those between connected parties) used to acquire, maintain or improve UK residential property; or
- collateral for such loans or who have thereunder made or provided collateral for such loans.
Which assets are relevant?
The new legislation imposes an inheritance tax charge on three categories of property:
Interests (e.g. loans or shares) in closely held companies which derive, directly or indirectly, their value from UK residential property. The interest in the parent company will still be caught even if there is a chain of companies underneath before you get to the residential property. However, if any of the companies is widely held (for example a real estate fund), this will not be caught.
An interest in a partnership, the value of which is directly or indirectly attributable to UK residential property. Unlike companies, it does not make any difference how many partners there are and whether or not they are connected. A real estate fund which is structured as a partnership will therefore fall within the new rules.
The benefit of loans made to enable an individual, trustees or a partnership to acquire, maintain or improve a UK residential property or to invest in a close company or a partnership which uses the money to acquire, maintain or improve UK residential property.
To avoid back-to-back lending arrangements, assets used as collateral for such a loan will also be subject to inheritance tax under the new rules.
An interest in a close company, or a partnership which holds the benefit of the debt or the assets which are used as collateral, are also caught.
UK residential property
The rules will apply where the shares’ (or other interest’s) value is attributable to any UK residential property, whether that property is occupied or let and whatever the property’s value (subject to limited exceptions such as care homes). A property which is being constructed or adapted for residential use will be treated as UK residential property.
The rules will not apply to the extent that the asset’s value is derived from commercial property. It is to be welcomed that previous proposals to include a property which had had a residential use at any time in the last two years have been dropped. Rather, it will simply be the use of the property at the time that the IHT charge arises that will be relevant.
Legislation is still awaited for properties used for both residential and non-residential purposes. Based on the 2016 consultation paper this will be on an apportionment basis.
Value subject to IHT and debts
Where an IHT charge arises on shares etc. under the new rules, the IHT liability will be calculated on the open market value of the shares (or other interest) to the extent that their value is attributable to UK residential property. In determining the value of an interest in a close company, the liabilities of the close company will be attributed to all of its property pro rata. The liabilities attributable to the residential property will be deductible in determining the value within the scope of IHT.
Under the original proposals, debts that related exclusively to the property were to be deductible when calculating the value for IHT purposes, unless the borrowing was from a connected party. In response to concerns that this could result in a double IHT charge, the Government’s solution contained in the legislation and other documentation published on 5 December 2016 is to treat any debt used to finance the acquisition, maintenance or repair of UK residential property as an asset subject to IHT in the hands of the lender, with look through provisions where the lender is itself a non-UK close company or partnership. Similarly, any security or collateral for such a debt will be within the scope of IHT in the estate of the provider of the security.
Whilst this removes the potential for double counting, it would appear to defeat certain IHT mitigation options which the Government previously appeared to accept when the provisions relating to debts were revised in 2013. The application of these rules to debts, whenever created, seems unduly harsh and a restriction to debts created after 19 August 2016 (when an iteration of the provision was first announced), if not to commencement date, would be welcomed.
Two year tail
Newly included in the 5 December 2016 draft legislation are provisions such that following sale of close company shares or partnership interests which would have been within the scope of the new IHT rules, or indeed repayment of a lender’s loan, the consideration received (or anything which represents it) will continue to be subject to IHT for a two year period following the sale or repayment. This appears to be a provision introduced to combat specific anticipated avoidance. However it will, as drafted, have a wider effect and give rise to an IHT charge in normal commercial situations even where UK residential property is no longer held.
Targeted anti-avoidance rule
Any arrangements whose whole or main purpose is to avoid or reduce the IHT charge on UK residential property will be disregarded. This anti-avoidance provision is extremely widely drawn.
If you are affected by any of the above and for advice and guidance on what actions you should take next please contact us on firstname.lastname@example.org or 0114 275 6292.
The above is not intended to be advice, we strongly recommend professional advice is sought before taking any action.