Weil Tax BLOG - Feed https://tax.weil.com/contributor/enda-kerin/ Views and developments from the Tax Department at Weil Tue, 14 Apr 2026 20:54:30 +0000 hourly 1 Ideas of Exchange: tightened anti-avoidance tests on share-for-share exchanges https://tax.weil.com/whats-new-on-the-blog/ideas-of-exchange-tightened-anti-avoidance-tests-on-share-for-share-exchanges/ Thu, 12 Feb 2026 12:15:11 +0000 Oliver Walker Akash Mehta Enda Kerin https://tax.weil.com/?p=2611 Amendments included in the Finance Bill 2025-26, which is currently proceeding through Parliament, expand the anti-avoidance rules relating to share-for-share exchanges and other corporate reorganisations. The government is seeking to tighten the availability of tax-neutral treatment of transactions in which shares are issued as consideration or as part of certain reorganisations. The changes have been introduced

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]]> Amendments included in the Finance Bill 2025-26, which is currently proceeding through Parliament, expand the anti-avoidance rules relating to share-for-share exchanges and other corporate reorganisations. The government is seeking to tighten the availability of tax-neutral treatment of transactions in which shares are issued as consideration or as part of certain reorganisations. The changes have been introduced

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]]> Cobalt: contract variation or replacement? https://tax.weil.com/latest-thinking/cobalt-contract-variation-or-replacement/ Thu, 16 Jan 2025 13:09:16 +0000 Enda Kerin https://tax.weil.com/?p=2428 Amending a contract may have adverse (and sometimes unexpected) tax consequences. The impact of the amendment can depend on whether the terms of the existing contract have been varied or if the existing contract has been replaced by a new contract. A recent decision of the UK Supreme Court underscores that, in order to determine

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]]> Amending a contract may have adverse (and sometimes unexpected) tax consequences. The impact of the amendment can depend on whether the terms of the existing contract have been varied or if the existing contract has been replaced by a new contract. A recent decision of the UK Supreme Court underscores that, in order to determine

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]]> Use, not Abuse: Burlington and Treaty Benefits https://tax.weil.com/whats-new-on-the-blog/use-not-abuse-burlington-and-treaty-benefits/ Tue, 18 Jun 2024 13:14:55 +0000 Oliver Walker Enda Kerin https://tax.weil.com/?p=2251 The Upper Tribunal (“UT”) decision in The Commissioners for HMRC v Burlington Loan Management DAC (UT/2022/000144) provides welcome reassurance for participants in the UK secondary debt markets, and reaffirms the conclusions previously drawn by the First-tier Tribunal (“FTT”).  In summary, the fact that the sale of a debt claim to an unconnected third party is

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]]> The Upper Tribunal (“UT”) decision in The Commissioners for HMRC v Burlington Loan Management DAC (UT/2022/000144) provides welcome reassurance for participants in the UK secondary debt markets, and reaffirms the conclusions previously drawn by the First-tier Tribunal (“FTT”).  In summary, the fact that the sale of a debt claim to an unconnected third party is

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]]> UK AUTUMN STATEMENT 2023: TAX UPDATE https://tax.weil.com/insights/uk-autumn-statement-2023-tax-update/ Wed, 22 Nov 2023 18:48:02 +0000 Aron Joy Oliver Walker Kevin Donegan Enda Kerin Erica Rees Sean Wright Mila Kostadinova Jake Gilbey Weil Tax Blog https://tax.weil.com/?p=2050 On 22 November 2023, Chancellor Jeremy Hunt delivered his Autumn Statement, potentially the last such statement to precede the next UK general election. Despite mounting speculation over the past few days, there were no rabbits in the Chancellor’s hat, and today’s announcements were broadly in keeping with expectations. The headline items included the announcement that

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]]> Stamp taxes and share issuances: preserving the status quo for the 1.5% charge https://tax.weil.com/uk-tax/insights-uk-tax/stamp-taxes-and-share-issuances-preserving-the-status-quo-for-the-1-5-charge/ Thu, 14 Sep 2023 13:43:24 +0000 Enda Kerin Weil Tax Blog https://tax.weil.com/?p=1979 On 14 September 2023, the UK Government announced that it will remove the 1.5% charge to UK stamp duty and stamp duty reserve tax on the issuance of UK securities into a clearance service (such as the Depositary Trust Company) or depositary receipt service (for example, American Depositary Receipts issued by US depositary banks).  The

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]]> Sunsets, stamp taxes and share issuances: inadvertent reintroduction of the 1.5% charge? https://tax.weil.com/insights/retained-eu-law-revocation-and-reform-act-2023/ Wed, 05 Jul 2023 14:44:44 +0000 Enda Kerin Weil Tax Blog https://tax.weil.com/?p=1930 On 29 June 2023, the Retained EU Law (Revocation and Reform) Act 2023 (the “2023 Act”) was given Royal Assent. The Act provides for the “sunsetting” of certain EU laws and rights retained under the European Union Withdrawal Act 2018 (the “2018 Act”) from the end of 2023. One of the seemingly unintended consequences of

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]]> EU Blacklist of non-cooperative jurisdictions updated on 14 February 2023 https://tax.weil.com/insights/eu-blacklist-of-non-cooperative-jurisdictions-updated-on-14-february-2023/ Thu, 16 Feb 2023 10:31:01 +0000 Aron Joy Enda Kerin https://tax.weil.com/?p=1849 On 14 February 2023, the EU added four jurisdictions, the British Virgin Islands, Costa Rica, Marshall Islands and Russia, to its list of non-cooperative jurisdictions for tax purposes (the “EU Blacklist”). There are now 16 jurisdictions on the EU Blacklist, which can be found here. Reasons given by the EU Council for adding the jurisdictions

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]]> European Parliament Approves ATAD 3 Amendments: Analysis https://tax.weil.com/insights/european-parliament-approves-atad-3-amendments-analysis/ Fri, 20 Jan 2023 14:18:00 +0000 Aron Joy Enda Kerin https://tax.weil.com/?p=1833 Introduction On 17 January 2023, the European Parliament approved the European Commission’s draft directive for preventing the misuse of shell entities for tax purposes (“ATAD 3” or the “Directive”), also known as the “Unshell Directive”, as amended by the Committee on Economic and Monetary Affairs (“ECON”). The amended Directive will be available on the European

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]]> Introduction On 17 January 2023, the European Parliament approved the European Commission’s draft directive for preventing the misuse of shell entities for tax purposes (“ATAD 3” or the “Directive”), also known as the “Unshell Directive”, as amended by the Committee on Economic and Monetary Affairs (“ECON”). The amended Directive will be available on the European

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]]> Amendments to ATAD 3 proposed https://tax.weil.com/insights/amendments-to-atad-3-proposed/ Tue, 17 Jan 2023 17:03:36 +0000 Aron Joy Enda Kerin https://tax.weil.com/?p=1829 On 11 January 2023, the Committee on Economic and Monetary Affairs published a number of amendments to the European Commission’s draft directive for preventing the misuse of shell entities for tax purposes (“ATAD 3”, also known as the “Unshell Directive”). The published amendments can be found here. In summary, ATAD 3, which is intended to

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]]> On 11 January 2023, the Committee on Economic and Monetary Affairs published a number of amendments to the European Commission’s draft directive for preventing the misuse of shell entities for tax purposes (“ATAD 3”, also known as the “Unshell Directive”). The published amendments can be found here. In summary, ATAD 3, which is intended to

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]]> Contractual Claim Notifications – Practical Considerations arising from Dodika and TP ICAP https://tax.weil.com/insights/contractual-claim-notifications-practical-considerations-arising-from-dodika-and-tp-icap/ Mon, 21 Nov 2022 04:00:00 +0000 Oliver Walker Enda Kerin Erica Rees https://tax.weil.com/?p=1786 Introduction A recent decision of the High Court, TP ICAP Limited v Nex Group Limited [2022] EWHC 2700 (Comm) (“TP ICAP”), has underscored the importance of the drafting of, and compliance with, contractual notice provisions in a sale and purchase agreement. The decision reiterates the conclusions of the Court of Appeal in Dodika Ltd v

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