There is a wealth of complex tax issues which businesses and their owners face; particularly as a result of ever-changing tax legislation.

Our team of tax lawyers understand the business tax issues that may affect our clients at the corporate  level, director level and shareholder level. We help our clients make the best use of tax efficiencies and savings through strategic advice tailored specifically to their individual requirements.

We act for a varied client base including entrepreneurs, owner-managed businesses larger organisations, individuals, partnerships and companies, whether based in the UK or overseas.

We have particular expertise advising in connection with:

Real estate: many individuals and most businesses lease or purchase property. These transactions can have a number of related tax consequences and the team is experienced in advising in relation to Stamp Duty Land Tax, VAT,  the Construction Industry Scheme, Capital Allowances and Capital Gains Tax. In particular we have expertise in:

  • Stamp Duty Land Tax (SDLT)
  • the tax consequences of agricultural, commercial and residential property transactions and how these may be legitimately managed
  • transfers of going concerns
  • additional tax charges applying to high value properties owned by companies and other non-natural persons
  • the tax considerations arising from strategic land development (such as equalisation, overage and anti-avoidance rules imposing Income Tax rather than Capital Gains Tax).

Corporate transactions: we provide pragmatic tax advice to a range of businesses, including companies, partnerships, family businesses and farming entities. We regularly advise in relation to:

  • structuring early stage businesses in a flexible manner that meets their immediate needs and potential future requirements
  • corporate reorganisations, demergers and restructurings (including company purchase of own shares) in order to meet the commercial requirements of the business itself and its shareholders
  • management buyouts (MBOs), (including employment related security issues and the possible application of the loans to participators rules)
  • the tax consequences of selling and purchasing companies, including drafting and negotiating tax warranties and tax covenants
  • Seed Enterprise Investment Scheme (SEIS) and Enterprise Investment Scheme (EIS)
  • the tax consequences of transferring a company to an Employee Ownership Trust (EOT).

Employment taxation: we advise businesses in relation to:

Charities and Social Enterprise: we advise charities and not-for-profit clients on tax matters relating to:
- selling land for development
- construction projects
- sponsorship arrangements
- trading activities

Tax clearances: we regularly prepare applications for statutory and non-statutory tax clearances on a range of taxes and enjoy an excellent success rate in obtaining a positive response from HMRC, including in circumstances where other advisers have not been successful in obtaining a clearance.

Legal 500 UK 2020 Top Tier

"Very few firms have offered the same very high standard service that Birketts has always provided."

Legal 500 [UK 2020]