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