TARLOCHAN LALL

LL.B LL.M(Tax) CTA (Fellow)
CALL DATE: 2010

SUMMARY

Tarl has over 20 years' experience as a tax lawyer.  He gained that experience advising businesses, their owners and managers at two prominent City law firms, DLA Piper LLP and Charles Russell LLP. At the latter, Tarl founded and headed the Corporate Tax department. Tarl transferred to the Bar and joined Monckton in 2011 where he continues to specialise in direct and indirect taxes, advising businesses and individuals on both contentious and non-contentious matters.

 

RECENT CASES

  • HSBC Holdings PLC and The Bank of New York Mellon Corporation v HMRC [2012] UKFTT 163 (TC) - SDRT; whether charges compliant with EU law
  • Anthony Murphy and Robert Horton v HMRC [2012] UKUT 44 (TCC) - excise duty; whether discontinuance of a business on its sale as a going concern by an administrator
  • J Wilkins & others and Lookers PLC v HMRC (2011) Court of Appeal - compound interest project (pupil to Peter Mantle)
  • Danfoss and Sauer Danfoss Case C-94/10 European Court of Justice - claim for damages for unlawfully levied VAT (pupil to Peter Mantle)
  • HMRC v Diana Bryce t/a The Barn [2010] UKUT - single/multiple supplies; supplies of land or services (pupil to Peter Mantle)
  • Carlsberg UK Limited & Inbev UK Limited v HMRC Upper tribunal - calculation of beer duty (pupil assisting Andrew Macnab)
  • Grattan PLC v HMRC First-tier Tribunal and application for permission to appeal against a reference to the ECJ (pupil to Peter Mantle)
  • Wheels Common Investment Fund Trustees Limited & Others v HMRC (2011) First-tier Tribunal - VAT exemption for fund management services (pupil assisting Paul Lasok QC)
  • VAT Implications of the ECJ's judgement in Macdonald Resorts Ltd v HMRC (Case C-270/09) (pupil to Peter Mantle)

 

RECENT ADIVSORY WORK

Tarl has recently advised on matters concerning:

  • Control and management and UK permanent establishments of overseas companies
  • IR35 and managed service companies
  • Working on two VAT appeals concerning supplies by holding companies and evidence required for a Fleming case
  • Place of supply of services rules and impact of the 2011 Implementing Regulation and issues for branches
  • IHT - gift with reservation; US estate duty and exit tax charge;
  • Whether a distribution by a liquidator was a disposal for CGT purposes
  • Employment status
  • Professional negligence in connection with giving VAT and direct tax advice
  • The restructuring of a group of companies providing foreign exchange services throughout Europe and using intellectual property owned outside the European Union
  • VAT implications for contracts renegotiated to comply with the Payment Services Directive
  • Joint share ownership scheme - settling documents, advising on tax implications and preparing and securing agreement of HMRC to the valuation of rights awarded
  • Tax treatment of a compensation award from proceedings in the European Court of Human Rights
  • Whether family arrangements are caught by the IHT reservation of benefit rules

 

DIRECT AND INDIRECT TAXES

Tarl's expertise extends to all direct and indirect taxes, including stamp taxes.   The following are examples of the type of matters he has advised on.

  • Structuring property transactions for direct taxes, VAT and stamp duty land tax
  • Buying and selling companies: advising companies and shareholders, including advice on corporation tax and capital gains tax and the use of different types of loan notes
  • Structuring business sales tax efficiently
  • Reorganisations and demergers (including exempt and s110 Insolvency Act demergers)
  • Private equity transactions and management buyouts, including management incentives and carried interests
  • Tax treatment of corporate debt
  • Structuring of cross-border activity, including implication of thin capitalisation, transfer pricing, withholding taxes and the application of double tax treaties
  • Advising charities on the use of trading subsidiaries and property projects
  • Structuring Joint ventures
  • Structuring investment funds
  • VAT treatment of international services
  • Corporate and individual residency
  • Tax implications in insolvency situations, including pre-packs
  • PAYE & National Insurance Contributions

 

TAX DISPUTES

Tarl's experience in relation to tax disputes includes the following:

  • VAT appeals in Central YMCA v Commissioners of Customs and Excise (VAT Decision 12425) and Revenue and Customs Commissioners v David Baxendale Ltd (2009)
  • Tax implications of settling a partnership dispute
  • Tax implications in a shareholders dispute (minority prejudice)
  • Professional negligence action against tax advisers - prominent role in arbitration proceedings
  • Advising directors in connection with assessments of VAT penalties based on alleged dishonesty
  • Employment or self employed worker status disputes
  • Dispute with HMRC on the qualifying status of EMI options
  • Dispute with HMRC's share valuation division on the valuation of shares in a private company and entitlement to discount in the valuation of the shares

 

EMPLOYMENT TAXES, SHARE SCHEMES AND SHARE VALUATION

  • Structuring bespoke share schemes, including a joint share ownership scheme (JSOS), growth shares and nil paid share acquisition scheme
  • Settling documents for all forms of HMRC approved schemes, including EMI schemes, company share option plans, SAYE and share incentive plans
  • Employee Benefit Trusts: settling documents and related tax implications
  • Restructuring 'underwater' share options
  • Impact on share schemes of company reorganizations, sales and flotations
  • Preparing and agreeing with HMRC the value of shares in private companies for the purpose of share incentive schemes.

 

TAX AND EU LAW

  • CTA Fellowship Thesis (1994): The tax treatment of European Economic Interest Groupings (a pre-curser to the European Company)
  • Entitlement to compensation for human rights breaches and its tax treatment
  • Experience during pupillage: entitlement to compound interest under EU law; right to claim damages for legislation breaching EU law; freedoms of movement and establishment - impact on UK tax laws

 

PUBLICATIONS

  • Consultant Editor to Halsbury's Laws (VAT)

Recent articles published:

Other Articles and contributions on: 'Transactions in Land (old s776; new ss752-772 ITA) (Estates' Gazette, 2009); VAT groups (1992); European Economic Interest Groupings (British Tax Review, 1993) ; charity taxation (Tax Journal); shares incentives for AIM companies (2009); tax and insolvency (2009)

 

MEMBERSHIPS

  • Fellow of The Chartered Institute of Taxation - Chartered Tax Adviser
  • VAT Practitioners Group
  • Member of the CIOT's  Technical Committee: Environmental Taxes Working Group
  • Member of the Share Schemes Lawyers Group