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New Arrival Taxation of Entertainers and Sportspersons

Taxation of Entertainers and Sportspersons

  • 作者:
  • 出版商: Spiramus Press Ltd
  • ISBN: 9781910151099
  • 出版时间 November 2024
  • 规格: Paperback (3 volumes)
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 大纲 
  • 详细

    A detailed guide to the taxation of entertainers and sportspersons to be released in three volumes and electronically. There is no recent publication on this. This publication is for the practitioner and others written by a practitioner who has been an academic. Its design follows his way of working beginning with the basic materials and analysing them for application to any particular case.

    It is a starting point for the adviser in a hurry. It includes Key Points boxes to help as well as full contents for each Chapter. There are also many tables and checklists. There is often a further detailed analysis including on Article 17 OECD Model Treaty, HMRC’s published views on “Image Rights”, the 1987 Regulations and DTR. There is also a detailed Chapter on Avoidance. It includes many examples. Relevant statutory and related material are included in the text so everything is easily available. Tax law requires an understanding of the legal analysis of the underlying matters. Accordingly, matters such as “Image Rights” or “Personality Rights”, the Economic Torts, Confidentiality and Passing Off are dealt with. There is also a detailed case study at the end intended to bring matters together.

  • Volume 1
    Publisher’s Note
    Foreword
    Abbreviations and Glossary
    Preface
    1.
    Introduction
    1.1 Purpose and General Matters
    1.2 Structure of this Book
    1.3 What Is Meant By ESPs (Entertainers and Sportspersons) for the Purposes of the Book
    2.
    The Relevant UK Taxes and Levies
    2.1 Introductory Matters
    2.2 UK Income Tax - an Overview
    2.3 UK Capital Gains Tax- an Overview
    2.4 UK Corporation Tax - an Overview
    2.5 IHT
    2.6 VAT
    2.7 NIC - National Insurance
    2.8 Annexe – Client Questions
    Appendix 1: UK Income Tax (“IT”) – General
    Appendix 2: UK Corporation Tax – General
    Appendix 3: Transfer Pricing and the UK
    Appendix 4: Diverted Profits Tax (“DPT”)
    Appendix 5: UK VAT - Outline Reminder on VAT
    Appendix 6: Some Matters for Consideration for Any Jurisdiction.
    3.
    UK Tax and Connecting Factors
    3.1 Introduction
    3.2 “Source”
    3.3 “Residence”
    3.4 Domicile
    Appendix 1: Summary SRT
    Appendix 2: Split Year Treatment
    Appendix 3: Definitions and Clarifications
    Appendix 4: Initial Checklist for Residence and Related Matters
    Appendix 5: Initial Domicile Questionnaire
    Appendix 6: Offshore Income and Gains and the Remittance Basis
    Appendix 7: March 2024 Budget Remittance Etc. Changes and Later Announcements
    4.
    Ways of Carrying on the Business for an Actor or Sportsperson
    4.1 Introduction
    4.2 UK Tax on Different Ways of Carrying on the Business
    4.3 Liability to United Kingdom Tax of Entertainers and Sportsmen
    4.4 Annexe
    4.5 Trade/Profession Or Employment?
    4.6 Clothing
    4.7 Medical Expenses
    Appendix 1: Comparative General Table on Tax of Entities With UK Resident Owner
    5.
    Points, Residuals and Post Cessation Receipts
    5.1 Introduction
    5.2 Profit and Earnings Recognition – Some General Comments
    5.3 Visiting Performers
    5.4 Post Cessation Receipts
    5.5 Deemed Cessation
    5.6 What About Companies?
    5.7 Transfers Etc.
    5.8 Tailpiece
    6.
    Anti-Avoidance
    6.1 Introduction
    6.2 UK Approach to Avoidance
    6.3 The Settlement Provisions
    6.4 Capital Gains Tax – Some Avoidance Provisions
    6.5 Transactions in Securities
    6.6 Sale of Occupation Income
    6.7 Tax Havens
    Appendix 1: Interpretation and Definitions Etc.
    Appendix 2: Protected Trusts
    7.
    Administration and Collection of Tax
    7.1 Introduction
    7.2 What Is HMRC?
    7.3 Judicial Review (“JR”)
    7.4 Further Materials
    7.5 Legitimate Expectation

    Volume 2
    8.
    Foreign Self-Employed ESPs
    8.1 Introduction
    8.2 General
    8.3 ITA Provisions
    8.4 The 1987 Regulations
    Appendix 1: Simplified Flowchart on Deductibility
    Appendix 2: Some Definitions of Relevant Words and Phrases
    Appendix 3: Schedule 11 Entertainers and Sportsmen
    Appendix 4: HS 3032024
    9.
    Royalties
    9.1 Introduction
    9.2 Royalties
    9.3 UK Direct Tax Charge on Royalty Income
    9.4 Withholding Tax and Royalties
    9.5 Excursus on Annual Payments
    9.6 UK Withholding Tax—Overview
    9.7 Withholding Tax on Payments Relating to Intellectual Property
    Appendix 1: Some Useful HMRC Extracts
    10.
    Endorsement, “Image Rights”, Appearances and the Like
    10.1 Introduction
    10.2 “Image Rights” and the Like
    10.3 Guernsey
    10.4 Image Rights in Practice
    10.5 Endorsement, Sponsorship Etc.
    10.6 Design and Promotion
    10.7 Personal Appearances
    10.8 NFTs
    Appendix 1: Breach of Confidence
    Appendix 2: The Economic Torts and Related Matters
    Appendix 3: Guernsey Image Rights
    11.
    Particular Activities for ESPs Including Personal Branding
    11.1 Introduction
    11.2 Personal Branding
    11.3 Establishing a Trademark Etc.
    11.4 Vehicle(S) for Personal Brand
    12.
    Intermediaries Legislation (IR5 Etc.)
    12.1 Introduction
    12.2 General Matters
    12.3 Relevant Criteria and Approach to Determining Employment Status
    12.4 Application of Provisions to Agency Workers Chapter 7
    12.5 Workers' Services Provided Through Intermediaries to Small Clients Chapter 8
    12.6 Managed Service Companies Chapter 9
    12.7 Chapter 10 “Workers' Services Provided Through Intermediaries to Public Authorities Or Medium Or Large Clients [Sections 61k–61x]”
    12.8 Conclusion
    Appendix 1: Employment Status Manual
    13.
    Double Taxation
    13.1 Introduction
    13.2 Sources of Information and HMRC’s Views
    13.3 What Is Double Taxation?
    13.4 Capital Gains Etc.
    13.5 Miscellaneous Matters
    14.
    Double Tax Treaties
    14.1 General
    14.2 Interpretation of Tax Treaties
    14.3 Some Extracts From the OECD Model Treaty [2017]
    14.4 Jurisdiction to Tax
    14.5 Residence of Persons
    14.6 Domicile
    14.7 Activities/Sources
    14.8 Source Country Taxation
    14.9 Permanent Establishment (PE)
    14.10 Mobile Investment Income Under Model Treaties: Dividends, Interest, Royalties
    14.11 Interest
    14.12 Royalties
    14.13 Capital Gains
    14.14 Income From Employment
    14.15 Lifetime Taxes on Capital
    14.16 Inheritance and Gift Tax Treaties
    14.17 DTAs and Entertainers and Sportspersons
    14.18 Comparison Table of OECD and Un Treaties

    Volume 3
    15.
    History and Context to UK Pensions
    15.1 Registered Schemes Post 6 April 2006 (Termed A Day)
    15.2 Pre A-Day Pensions
    15.3 Post A-Day Rules
    15.4 Lifetime Allowance
    15.5 Cross-Border Matters
    15.6 Inheritance Tax
    15.7 Qualified Recognised Overseas Plans (QROPS)
    16.
    Filing, Self-Assessment and Discovery Assessments
    16.1 Approach of this Chapter
    Part 1: Introduction
    16.2 Introduction to and Purpose of this Chapter
    Part 2: Miscellaneous Excursus
    16.3 Some Matters Not Obvious Or Always Easily Discovered
    Part 3: Self-Assessment for UK Tax
    16.4 Self-Assessment for UK Direct Tax – the Legal Framework
    16.5 VAT
    16.6 Miscellaneous Matters
    Part 4: Practical Issues
    16.7 Practical Issues
    16.8 Table on Self Employment Deductions
    16.9 Disclosure of Tax Avoidance Schemes (“Dotas”)
    Part 5: Related Non-Tax Filings, Registration of Overseas Entities
    16.10 Related Non Tax Filings Etc.
    16.11 Registration of Overseas Entities
    16.12 Annexe
    16.13 Unexplained Wealth Orders
    16.14 Sanctions Enforcement
    16.15 Sanctions Measures
    Appendix 1: Some Questions to Ask When Drafting A White Space Disclosure
    Appendix 2: Checklist of Useful Information Etc. to Have for Tax Year 20xx
    17.
    Miscellaneous and Practical Issues
    17.1 Introductory Matters
    17.2 Testimonials
    17.3 The 2017 Change
    17.4 Prizes and Winnings, Lottery Funding Etc.
    17.5 Enforcement of Foreign Tax Debts – “The Revenue Rule”
    17.6 Other Miscellaneous and Practical Matters
    17.7 Conclusion
    18.
    VAT and ESPS - A Miscellany
    18.1 Introduction
    18.2 An Outline Reminder on the Charge to UK VAT
    18.3 Place of Supply
    18.4 The Reverse Charge
    18.5 Some Illustrative Case Law - Fees and Football Agents
    18.6 Scope, Exemptions and Zero-Rating
    18.7 Input Tax
    18.8 The Flat Rate Scheme
    18.9 Registration Etc.
    18.10 Royalties and Licensing
    18.11 Dual Representation and Football Agents
    18.12 The Dual Representation Document - Some Comments
    18.13 Conclusion
    Appendix 1: Dual Representation Document
    19.
    What if Things Go Wrong?
    19.1 Introduction
    19.2 Reputational Risk
    19.3 Overview of Enquiries
    19.4 HMRC Codes of Practice
    19.5 Sources of Information for HMRC
    19.6 Requirements for a Valid Enquiry
    19.7 Handling an Enquiry
    19.8 Legal Professional Privilege (“LPP”)
    19.9 Overview of Tax Litigation Etc. Chances of Success
    19.10 The FTT
    19.11 Dealing with a Dispute
    19.12 Application for a Closure Notice
    19.13 Principles: Summary
    19.14 Appeals to the First-Tier Tax Tribunal
    20.
    Conclusion
    20.1 General
    20.2 Matters to Consider
    20.3 Tables and Appendices Etc.
    20.4 Appendices
    20.5 Checklists
    20.6 Additions to this Chapter
    21.
    Case Study– Tax for Entertainers and Sports Persons - Artistry, Wizardry and Tax?
    21.1 Introduction
    21.2 Case Study Factual Background
    21.3 Consideration of the Various Matters in the Case Study

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