Recognition
Work
Spotlight
Insights, News
Publications
"James is definitely a player in the contentious tax space. He is a superstar. He is so intelligent and he ... really fights for his clients ... to get them the best outcome."
James Austen
Qualification date: 2009
Specialising in:
- UK trusts, tax & estate planning
- Contentious trusts & probate
- Private wealth
- Tax disputes & investigations
- Tax advice for entrepreneurs and business owners
- High Income Child Benefit Charge (HICBC)
About
James Austen
James is a Partner specialising in Trusts, tax and estate planning, specifically acting for high net worth individuals, entrepreneurs and business owners.
James has particular experience in advising business owners and the owners of rural estates about succession and/or exit planning and the applicable tax reliefs. Much of his time is spent advising in the context of contentious and semi-contentious situations, including tax and domicile enquiries and trust disputes.
In addition to his practice, James sits part time as a Judge in the Tax Tribunal, hearing and determining appeals against decisions by HMRC in respect of both direct and indirect taxes.
In July 2021 James successfully represented Mr Jason Wilkes in his landmark appeal against HMRC’s controversial High Income Child Benefit Charge (the HICBC) (HMRC -v- Wilkes [2021] UKUT 0150 (TCC)).
Recognition
"Communication is excellent, reply to emails promptly. James Austen is kind and thoughtful and very meticulous. All work well researched"
Legal 500
"James is nothing short of a genius. He is a star player in his field with a real curiosity and deep understanding of his subject, which is manifest in the lucid way he explains how complex and intractable tax provisions work. He has an infectious enthusiasm and is an absolute joy to work with."
Citywealth client feedback
James's work highlights
1) UHNW Domicile Dispute
Acting in a domicile dispute for a wealthy businessman who has lived in the UK since arriving as a refugee in WW2. This included a Judicial Review (in the High Court and Court of Appeal) of HMRC’s decision to resile on its prior decision to treat him as “non-dom”. Also acting in an appeal against a Schedule 36 Information Notice raising similar public law grounds in the FTT. Additionally, advising on and implementing UK and worldwide tax/succession/estate planning for him, his valuable trading business, and his offshore trust.
2) Discovery Assessment FTT Appeal
Acting in an FTT appeal against out-of-time Discovery Assessments issued for supposedly “careless” behaviour relating to the SDLT implications of a complex property purchase, where the appellants had taken great care to obtain SDLT advice from a reputable accountant.
3) Carried Interest FTT Appeal
Acting in the FTT appeal against Discovery Assessments issued by HMRC in respect of the transitional provisions in the 2015 changes to the Private Equity “carried interest” tax regime.
4) HICBC appeals
Successfully acted (pro-bono) in the Upper Tribunal and Court of Appeal in the high-profile leading appeal against HMRC’s ability to levy Discovery Assessments to recover the “High-Income Child Benefit Charge”; the government changed the law with retrospective effect to reverse those decisions. Now acting (pro-bono) in two forthcoming conjoined appeals in the Upper Tribunal against those retrospective measures.
5) HMRC enquiry into tax on charity gift
In private correspondence with HMRC during their enquiry into our client’s tax return, persuaded HMRC to change their view on whether a gift by a UK-resident non-dom to a foreign charity should be subject to UK tax – without the need to appeal to the FTT. Applying the Supreme Court’s decision in the groundbreaking Routier case to the “new” tax definition of “charity” in Finance Act 2010, we succeeded in satisfying HMRC that UK law was not compliant with EU law (which was then in force) and that tax ought not to be payable.
6) Worldwide Disclosure Facility / Digital Disclosure Service
Advised on and carried out disclosures for numerous clients under HMRC’s “Worldwide Disclosure Facility” to regularise offshore tax non-compliance and the “Digital Disclosure Service” in respect of onshore non-compliance.
7) UK tax advice to wealthy businesswoman, and IHT/Probate on her death
Advised an elderly and vulnerable lady about her many UK farming and business ventures (including a complex 50/50 joint venture with another family) and the tax and succession issues arising. After her death, acting in the Probate of her estate, including the associated IHT issues.
8) Central Management and Control
Advised numerous clients about UK law on “central management and control”, whereby foreign companies can become treated as tax-resident in the UK, including the related HMRC guidance. This was particularly relevant when the shareholder/director clients were themselves becoming resident in the UK. Advised the clients that, with suitable care and planning, they could ensure that their companies would not become subject to UK tax.
9) Advising on and implementing a tax-efficient worldwide trading structure
Advising non-dom clients on a tax-efficient trading structure to prepare for market and then sell on the international market regulated products currently in the UK. This took into account transfer-pricing issues, Corporation Tax, VAT, and personal/trust tax issues for the UBOs.
9) Anson and US LLCs: double taxation
Advised several clients about HMRC’s change of approach following the Supreme Court’s decision in the Anson case, which decided that UK resident taxpayers having interests in US LLCs ought not to be subject to double taxation. Settled “white space” wording for those clients making claims for Anson treaty relief in their tax returns.
Spotlight
podcast
Autumn Budget 2024 Special (Part 2)
Aidan Grant and Jamie Austen discuss the announcement of the Autumn Budget 2024 (Part 2)
Nov 12 · UK USA
podcast
Autumn Budget 2024 Special (Part 1)
Aidan Grant and Jamie Austen discuss the announcement of the Autumn Budget 2024 (Part 1)
Nov 7 · UK USA
video
High income child benefit charge: An update
A video update following our Upper Tribunal success in HMRC v Wilkes regarding HICBC disputes.
Listen in full
Insights, News & Events
View all insights & newsView all eventsView all videos & podcasts
Shorter Reads
‘Long Term Residence’ in the UK: Tax Consequences for International Private Clients‘Long Term Residence’ in the UK: Tax Consequences for International Private Clients
Read more
Shorter Reads
UK to soften tax rules for wealthy foreigners after millionaire exodus, Rachel Reeves saysUK to soften tax rules for wealthy foreigners after millionaire exodus, Rachel Reeves says
Read more
News
Autumn Budget 2024Autumn Budget 2024
Read more
Shorter Reads
Is the Government set to U-Turn on its Non-Dom Tax Policy?Is the Government set to U-Turn on its Non-Dom Tax Policy?
Read more
Longer Reads
Election 2024: Domicile, Inheritance Tax, and change promised by the new Labour governmentElection 2024: Domicile, Inheritance Tax, and change promised by the new Labour government
Read more
Shorter Reads
Keir Starmer launches Labour manifestoKeir Starmer launches Labour manifesto
Read more
Shorter Reads
Stay or go? UK opposition’s tax hit on non-doms likely to encourage exodusStay or go? UK opposition’s tax hit on non-doms likely to encourage exodus
Read more
Shorter Reads
Statutory Residence TestStatutory Residence Test
Read more
News
Collyer Bristow promotes Aidan Grant to PartnerCollyer Bristow promotes Aidan Grant to Partner
Read more
Longer Reads
DESTINATION UK: Relocation advice for HNW individuals, business owners, entrepreneurs and familiesDESTINATION UK: Relocation advice for HNW individuals, business owners, entrepreneurs and families
Read more
Shorter Reads
Election 2024: Initial comments on potential tax changesElection 2024: Initial comments on potential tax changes
Read more
Longer Reads
Piggy Banks to Portfolios: can children hold shares in a company?Piggy Banks to Portfolios: can children hold shares in a company?
Read more
Quick glance: publications
- HMRC v Wilkes Approved Judgement 07.12.2022
- Private Wealth services
- Lifetime Giving Handbook
- Lifetime Giving | Trusts and School FeesA guide to tax efficient arrangements - A guide to tax efficient arrangements
- Lasting powers of attorney
- How are your cryptoassets taxed?
- Decrypting a digital world
- Why might a trust be of benefit?
Publications
HMRC v Wilkes Approved Judgement 07.12.2022
A PDF copy of the Court of Appeal’s judgment.
Private Wealth services
An overview of our Private Wealth services for individuals and families based in the UK and overseas.
Lifetime Giving Handbook
We have prepared a handbook to answer the most pressing and common lifetime giving questions and issues including; giving property to the next generation, gifts to vulnerable individuals, how best to fulfil an individual’s philanthropic ambitions, foreign gifts and the tax benefits associated with gifts of art.
Lifetime Giving | Trusts and School FeesA guide to tax efficient arrangements - A guide to tax efficient arrangements
Many families contend with paying school fees running into hundreds of thousands of pounds per child over the course of their education. This guide examines some tax efficient arrangements that other family members (typically grandparents) can use to contribute to these costs.
Lasting powers of attorney
A guide on making an LPA covering everything you need to know when considering giving another person certain authority to make decisions, in circumstances where you no longer have the mental capacity to do so on your own.
How are your cryptoassets taxed?
Guidance for individuals who hold cryptoassets, explaining what taxes they may need to pay, and what records they need to keep. Also included is information for businesses and companies about the tax treatment of cryptoasset transactions.
Decrypting a digital world
An overview of some of the key areas of interest in relation to cryptoassets, their legal treatment in the UK, and how they should be considered in tax and estate planning.
Why might a trust be of benefit?
A guide considering the many reasons and many circumstances where a trust might be of benefit.
James's colleagues
View Profile
Abbie
Coleman Associate
Specialising in: Banking & financial disputes, Commercial arbitration, Commercial disputes, Contentious trusts & probate, Corporate recovery, restructuring & insolvency & Financial Services
+44 20 7470 4435
+44 7760 805398
Email Abbie
Qualification 2009
Specialising in...
- UK trusts, tax & estate planning
- Contentious trusts & probate
- Private wealth
- Tax disputes & investigations
- Tax advice for entrepreneurs and business owners
- High Income Child Benefit Charge (HICBC)
About
James is a Partner specialising in Trusts, tax and estate planning, specifically acting for high net worth individuals, entrepreneurs and business owners.
James has particular experience in advising business owners and the owners of rural estates about succession and/or exit planning and the applicable tax reliefs. Much of his time is spent advising in the context of contentious and semi-contentious situations, including tax and domicile enquiries and trust disputes.
In addition to his practice, James sits part time as a Judge in the Tax Tribunal, hearing and determining appeals against decisions by HMRC in respect of both direct and indirect taxes.
In July 2021 James successfully represented Mr Jason Wilkes in his landmark appeal against HMRC’s controversial High Income Child Benefit Charge (the HICBC) (HMRC -v- Wilkes [2021] UKUT 0150 (TCC)).
Recognition
"James is definitely a player in the contentious tax space. He is a superstar. He is so intelligent and he ... really fights for his clients ... to get them the best outcome."
"Communication is excellent, reply to emails promptly. James Austen is kind and thoughtful and very meticulous. All work well researched"
Legal 500
"James is nothing short of a genius. He is a star player in his field with a real curiosity and deep understanding of his subject, which is manifest in the lucid way he explains how complex and intractable tax provisions work. He has an infectious enthusiasm and is an absolute joy to work with."
Citywealth client feedback
work highlights
1) UHNW Domicile Dispute
Acting in a domicile dispute for a wealthy businessman who has lived in the UK since arriving as a refugee in WW2. This included a Judicial Review (in the High Court and Court of Appeal) of HMRC’s decision to resile on its prior decision to treat him as “non-dom”. Also acting in an appeal against a Schedule 36 Information Notice raising similar public law grounds in the FTT. Additionally, advising on and implementing UK and worldwide tax/succession/estate planning for him, his valuable trading business, and his offshore trust.
2) Discovery Assessment FTT Appeal
Acting in an FTT appeal against out-of-time Discovery Assessments issued for supposedly “careless” behaviour relating to the SDLT implications of a complex property purchase, where the appellants had taken great care to obtain SDLT advice from a reputable accountant.
3) Carried Interest FTT Appeal
Acting in the FTT appeal against Discovery Assessments issued by HMRC in respect of the transitional provisions in the 2015 changes to the Private Equity “carried interest” tax regime.
4) HICBC appeals
Successfully acted (pro-bono) in the Upper Tribunal and Court of Appeal in the high-profile leading appeal against HMRC’s ability to levy Discovery Assessments to recover the “High-Income Child Benefit Charge”; the government changed the law with retrospective effect to reverse those decisions. Now acting (pro-bono) in two forthcoming conjoined appeals in the Upper Tribunal against those retrospective measures.
5) HMRC enquiry into tax on charity gift
In private correspondence with HMRC during their enquiry into our client’s tax return, persuaded HMRC to change their view on whether a gift by a UK-resident non-dom to a foreign charity should be subject to UK tax – without the need to appeal to the FTT. Applying the Supreme Court’s decision in the groundbreaking Routier case to the “new” tax definition of “charity” in Finance Act 2010, we succeeded in satisfying HMRC that UK law was not compliant with EU law (which was then in force) and that tax ought not to be payable.
6) Worldwide Disclosure Facility / Digital Disclosure Service
Advised on and carried out disclosures for numerous clients under HMRC’s “Worldwide Disclosure Facility” to regularise offshore tax non-compliance and the “Digital Disclosure Service” in respect of onshore non-compliance.
7) UK tax advice to wealthy businesswoman, and IHT/Probate on her death
Advised an elderly and vulnerable lady about her many UK farming and business ventures (including a complex 50/50 joint venture with another family) and the tax and succession issues arising. After her death, acting in the Probate of her estate, including the associated IHT issues.
8) Central Management and Control
Advised numerous clients about UK law on “central management and control”, whereby foreign companies can become treated as tax-resident in the UK, including the related HMRC guidance. This was particularly relevant when the shareholder/director clients were themselves becoming resident in the UK. Advised the clients that, with suitable care and planning, they could ensure that their companies would not become subject to UK tax.
9) Advising on and implementing a tax-efficient worldwide trading structure
Advising non-dom clients on a tax-efficient trading structure to prepare for market and then sell on the international market regulated products currently in the UK. This took into account transfer-pricing issues, Corporation Tax, VAT, and personal/trust tax issues for the UBOs.
9) Anson and US LLCs: double taxation
Advised several clients about HMRC’s change of approach following the Supreme Court’s decision in the Anson case, which decided that UK resident taxpayers having interests in US LLCs ought not to be subject to double taxation. Settled “white space” wording for those clients making claims for Anson treaty relief in their tax returns.
Spotlight
Autumn Budget 2024 Special (Part 2)
Aidan Grant and Jamie Austen discuss the announcement of the Autumn Budget 2024 (Part 2)
Nov 12 · UK USA
Autumn Budget 2024 Special (Part 1)
Aidan Grant and Jamie Austen discuss the announcement of the Autumn Budget 2024 (Part 1)
Nov 7 · UK USA
High income child benefit charge: An update
A video update following our Upper Tribunal success in HMRC v Wilkes regarding HICBC disputes.
Insights, News & Events
Shorter Reads
‘Long Term Residence’ in the UK: Tax Consequences for International Private Clients‘Long Term Residence’ in the UK: Tax Consequences for International Private Clients
Read more
Shorter Reads
UK to soften tax rules for wealthy foreigners after millionaire exodus, Rachel Reeves saysUK to soften tax rules for wealthy foreigners after millionaire exodus, Rachel Reeves says
Read more
News
Autumn Budget 2024Autumn Budget 2024
Read more
Shorter Reads
Is the Government set to U-Turn on its Non-Dom Tax Policy?Is the Government set to U-Turn on its Non-Dom Tax Policy?
Read more
Longer Reads
Election 2024: Domicile, Inheritance Tax, and change promised by the new Labour governmentElection 2024: Domicile, Inheritance Tax, and change promised by the new Labour government
Read more
Shorter Reads
Keir Starmer launches Labour manifestoKeir Starmer launches Labour manifesto
Read more
Shorter Reads
Stay or go? UK opposition’s tax hit on non-doms likely to encourage exodusStay or go? UK opposition’s tax hit on non-doms likely to encourage exodus
Read more
Shorter Reads
Statutory Residence TestStatutory Residence Test
Read more
News
Collyer Bristow promotes Aidan Grant to PartnerCollyer Bristow promotes Aidan Grant to Partner
Read more
Longer Reads
DESTINATION UK: Relocation advice for HNW individuals, business owners, entrepreneurs and familiesDESTINATION UK: Relocation advice for HNW individuals, business owners, entrepreneurs and families
Read more
Shorter Reads
Election 2024: Initial comments on potential tax changesElection 2024: Initial comments on potential tax changes
Read more
Longer Reads
Piggy Banks to Portfolios: can children hold shares in a company?Piggy Banks to Portfolios: can children hold shares in a company?
Read more
Publications
- HMRC v Wilkes Approved Judgement 07.12.2022
- Private Wealth services
- Lifetime Giving Handbook
- Lifetime Giving | Trusts and School FeesA guide to tax efficient arrangements - A guide to tax efficient arrangements
- Lasting powers of attorney
- How are your cryptoassets taxed?
- Decrypting a digital world
- Why might a trust be of benefit?
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Specialising in UK trusts, tax & estate planning, Contentious trusts & probate, Private wealth and Tax disputes & investigations
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