The buyer of a UK target company wants to insure against the risk of a tax liability arising on a historic reorganisation carried out by the seller group.
Continue reading “BENEFICIAL OWNERSHIP”
A buyer of a real estate asset held in a Jersey company seeks insurance against the risk of UK withholding tax being imposed on interest payments under third party debt financing.
Continue reading “WITHOLDING TAX: UK SOURSE OF INTEREST”
A buyer of a real estate asset (without a corporate wrapper) wishes to insure the risk that the sale is found to a taxable transaction for VAT purposes and not subject to Transfer of Going Concern treatment.
Continue reading “VAT: TRANSFER OF GOING CONCERN”
Policyholders frequently request insurance protection for the risk that their investment and sale of UK real estate is treated as “trading” in nature, rather than as an “investment” for tax purposes.
Continue reading “UK REAL ESTATE: TRADING OR INVESTMENT”
Sellers of businesses often approach us to seek insurance for the risk that their proceeds of sale of their businesses are subject to tax on the basis they may not qualify for the substantial shareholding exemption.
Continue reading “SUBSTANTIAL SHAREHOLDING EXEMPTION”
A buyer in a European property deal valued at EUR200 million was insured for claims arising under tax warranties and eight specific tax indemnities. The seller was a property investment fund which intended to liquidate in the near future.
Continue reading “SPECIFIC TAX INDEMNITIES IN AN M&A DEAL WHERE SELLER TO BE LIQUIDATED”
In a real estate acquisition, the buyer and its advisers carry out tax due diligence on a historic intra-group restructuring carried out by the target group, the effect of which was that no Stamp Duty Land Tax charge arose at that time despite some properties being transferred as part of the restructuring.
Continue reading “SDLT GROUP RELIEF & THE PROJECT BLUE CASE”
On M&A transactions a common requirement is the provision of specific tax liability insurance for the risk that a non-UK incorporated Target entity could be deemed to have been tax resident in the UK.
Continue reading “RESIDENCE”
A company seeks insurance for the risk that the loan relationship group continuity rules could apply to a transaction involving the novation of debt and a debt for equity swap.
Continue reading “LOAN RELATIONSHIP RULES & DEBT FOR EQUITY SWAPS”
Three individual sellers of their healthcare business seek insurance to obtain equality of tax treatment for the three individuals.
Continue reading “INDIVIDUAL SELLERS – CAPITAL GAINS TAX”