Overview
Graham is a tax lawyer with over 30 years of experience. Graham started in the accountancy profession, then moved to the insurance industry and prior to joining chambers spent 10 years as an employed barrister providing tax advice for clients of firms of solicitors.
As a tax barrister Graham has principally focussed on the following taxes:
- income tax
- corporation tax
- capital gains tax
- VAT
- inheritance tax
- national insurance
- annual tax on enveloped dwellings
- stamp duty
- stamp duty land tax.
Practice Areas
- Stamp duty land tax
- Provided opinions on various aspects of SDLT including MDR claims, pre-completion transactions and incorporations.
- Pensions
- Advised on the UK taxation of Qualifying Non-UK Pension Schemes;
- Drafted pension contract and scheme rules for a QNUPS;
- Advised clients in respect of QROPS and QNUPS;
- Probate
- Advised on the basis upon which the executors are to distribute an estate when a charity is a beneficiary.
- Advised on the validity of an instrument of variation and the effects for IHT and CGT. Rectification of a deficient instrument of variation.
- Advised trustees in respect on IHT and the 10 year anniversary charge. Recommendation to seek non-statutory clearance from HMRC.
- Advised on the distribution of an estate under the intestacy rules involving a spouse taking a capital value for her life interest.
- Advised on a variation of an estate under s.142 IHTA 1984 and s.62 TCGA 1992 and whether two trusts are related settlements.
- Settlements
- Advised in respect of SDLT, IHT and CGT in respect of a disabled person’s trust and the purchase of a residential property by trustees. Drafted trust deed for the disabled person’s trust.
- Succession
- Advised clients on succession planning and inheritance tax.
- Wills
- Advice on drafting wills and tax planning.
- Insurance
- Provided an opinion in respect of a capital redemption contract;
- Drafted the terms and conditions of a capital redemption contract.
- Contracts
- Drafted a zero coupon bond for three individuals.
- Non Contentious
- Advice to clients on the annual tax on enveloped dwellings;
- Advice to property investors and developers on appropriate structures;
- Corporate restructuring and reorganisations (including s.110 Insolvency Act reconstructions, direct and indirect demergers);
- Advice to overseas clients in respect of UK property acquisitions;
- Negotiation of a VAT special method for a firm of stockbrokers;
- Advice to clients in respect of capital allowances;
- Provision of advice to clients in respect of SDLT and VAT on property acquisitions.
- Consideration of Personal Portfolio Bonds and the GAAR;
- Advice in respect of SDLT, income tax, capital gains tax and VAT involving the development of residential property in to flats;
- Advice on changes to excluded property rules in respect of UK residential property;
- Advice on Statutory Residence Tests under FA 2013;
- Advice on SDLT and VAT in respect of a £200m property acquisition;
- Consideration of the gift with reservation of benefit rules on termination of an interest in possession under s.102ZA FA 1986;
- Advice on tax treatment of sale of house for residential development that included overage provisions;
- Advice to self-employed consultant on disguised remuneration legislation and third party loans including anti-avoidance provisions in Finance (No2) Act 2017;
- Advice in respect of SDLT, corporation tax, capital gains tax and VAT on corporate re-organisation and intra- group transfer;
- Consideration of the inheritance tax and capital gains tax rules regarding residential property and changes to excluded property in Finance (No2) Act 2017. Advice on DOTAS, POTAS, GAAR and the enabler’s legislation.
- Contentious
- Advice on the merits of an SDLT appeal to the First-tier Tribunal by a care home and internal review by HMRC;
- Negotiation of clients tax liabilities with various departments of HMRC including under codes of practice 8 (tax avoidance) and 9 (civil investigation of fraud);
- Advice on merits of an appeal to First-tier Tribunal and internal review by HMRC in respect of an assessment to 15% SDLT by a corporate investor. Subsequent cancellation by HMRC of the tax assessment following an internal review;
- Appeal to the First-tier Tribunal (Tax Chamber) in respect of corporation tax and VAT on undisclosed takings. The tax appeal stayed proceedings in the bankruptcy court and HMRC agreed to ADR;
- Consideration of the merits of a judicial review of the Upper Tribunal decision to refuse to hear an appeal from the First-tier Tribunal;
- Appeals against SDLT discovery assessments.
Additional Information
Contributor to LexisNexis Encyclopaedia of Forms and Precedents – Sale of Land Vol 38(1):
- VAT on sale of commercial property;
- SDLT on sale of commercial property and land;
- Land & Buildings Transaction Tax in Scotland;
- Land Transaction Tax in Wales;
- Taxation of investing and dealing in commercial property.
Education
LLB(Hons) – University of Wolverhampton
LLM – University of Huddersfield
Memberships
The Honourable Society of the Middle Temple
Member of the Society of Trust & Estate Practitioners (“TEP”)
Member of the Chartered Institute of Arbitrators (“MCIArb”)
The Chancery Bar Association
The Revenue Bar Association
Graham Callard is an independent self-employed barrister registered with the Bar Standards Board of England (ref. no 43448); whose practice is governed by the Code of Conduct of the Bar of England and Wales which code can be found at www.barstandardsboard.org.uk; has full professional liability insurance provided by the Bar Mutual Indemnity Fund Limited (ref BM 2930/067) (details of the world-wide cover are provided at www.barmutual.co.uk); is registered for VAT (reg. no. 162 341 239); and can be contacted during chambers opening hours by telephone at 02074045055 or by e-mail at clerks@9stonebuildings.com.