Robert O’Hare#7159

Robert O’Hare

Solicitor, Squire Patton Boggs
Robert O’Hare is a senior tax policy advisor in the firm’s Tax Strategy & Benefits practice. He is predominantly based in London.
 
Robert has wide-ranging experience of advising clients on the full range of domestic and international tax issues. He has specialist knowledge and experience that encompasses UK and cross-border corporate acquisitions, public market and financing transactions, restructuring and insolvency, alongside both private equity and retail investment fund structuring. He also provides strategic advice on politics and international law.
 
Robert’s current work primarily focuses on international, regional and local efforts to address the tax challenges arising from the digitalization of the global economy. He is also focuses on the tax and wider policy implications of Brexit, coronavirus and climate change.
Contributed to

8

Foreign branch exemption—anti-diversion after 1 January 2013
Foreign branch exemption—anti-diversion after 1 January 2013
Practice notes

This Practice Note explains the anti-diversion rule, which is an anti-avoidance rule in the foreign branch (or foreign permanent establishment) exemption. This version of the rule applies for accounting periods beginning on or after 1 January 2013. It is intended to prevent a company from artificially diverting profits out of the UK and into an exempt foreign permanent establishment. This Practice Note was produced in partnership with Robert O'Hare of Squire Patton Boggs (UK) LLP.

Foreign branch exemption—diverted profits gateway
Foreign branch exemption—diverted profits gateway
Practice notes

This Practice Note explains the diverted profits gateway which forms part of the anti-diversion rule in the foreign branch (or foreign permanent establishment (PE)) exemption. This version of the rule applies for accounting periods beginning on or after 1 January 2013. This gateway is based on the CFC charge gateway and is aimed at identifying profits of foreign PEs that have been diverted from the UK. This Practice Note was produced in partnership with Robert O'Hare of Squire Patton Boggs (UK) LLP.

Foreign branch exemption—exemptions from the anti-diversion rule
Foreign branch exemption—exemptions from the anti-diversion rule
Practice notes

This Practice Note explains the four exemptions from the anti-diversion rule in the foreign branch (or foreign permanent establishment (PE)) exemption. This version of the rule applies for accounting periods beginning on or after 1 January 2013. The four exemptions are for low profits, low profit margin, excluded territories and not subject to a lower level of tax and are based on the CFC exemptions. This Practice Note was produced in partnership with Robert O’Hare of Squire Patton Boggs (UK) LLP.

Foreign branch exemption—foreign permanent establishments amount
Foreign branch exemption—foreign permanent establishments amount
Practice notes

This Practice Note explains how a company determines the amount of its foreign permanent establishments amount (FPEA). If a company has made a foreign branch (or foreign permanent establishment) exemption election, it must calculate its FPEA in every accounting period. The FPEA is the aggregate of relevant profits amounts less the aggregate of relevant losses amounts for all territories in which the company has a PE. Any profit or loss that is taken into account in calculating the FPEA must be left out of account in calculating the company’s taxable total profits (ie is exempt from UK tax). This Practice Note was produced in partnership with Robert O'Hare of Squire Patton Boggs (UK) LLP.

Foreign branch exemption—historic losses
Foreign branch exemption—historic losses
Practice notes

This Practice Note explains the special rules that apply to companies that have incurred losses in the six-year period prior to making a foreign branch (or permanent establishment (PE)) exemption election. If the company has incurred such historic losses (ie has a total opening negative amount (TONA)), the application of the exemption is deferred until sufficient profits have been generated in the PEs of that company (whether as a whole (matching) or allocated to specific PEs (streaming)) to equal those historic losses. This Practice Note was produced in partnership with Robert O'Hare of Squire Patton Boggs (UK) LLP.

Foreign branch exemption—impact on other tax rules
Foreign branch exemption—impact on other tax rules
Practice notes

This Practice Note explains the changes made to other tax rules to accommodate the foreign branch (or foreign permanent establishment (PE)) exemption. The main changes relate to the capital gains no gain no loss provisions; the intangible fixed asset no gain no loss provision; and the disposal value for capital allowances purposes for the disposal event that is triggered by the entry into a foreign branch exemption election. There are also changes made to the CFC, withholding tax, and corporation tax deductions on employee share acquisitions rules. This Practice Note was produced in partnership with Robert O'Hare of Squire Patton Boggs (UK) LLP.

Structure of the foreign branch exemption
Structure of the foreign branch exemption
Practice notes

This Practice Note explains the purpose of the foreign branch exemption (foreign permanent establishments exemption) ie to enable a UK resident company with operations overseas that constitute a PE to elect not to be taxed in the UK on the profits of those PEs. This Practice Note summarises the rules for electing into the regime, how the exemption is applied in the UK company’s calculation of corporation tax due and the anti-avoidance provisions that prevent certain profits from being exempt from UK tax and delay entry into the exemption for companies with historic losses. This Practice Note was produced in partnership with Robert O'Hare of Squire Patton Boggs (UK) LLP.

UK taxation of foreign profits in a UK resident company
UK taxation of foreign profits in a UK resident company
Practice notes

This Practice Note sets out the key issues a UK resident company with foreign profits should consider regarding the scope of UK corporation tax and the foreign tax relief available to it, ie double tax treaty relief by way of credit, unilateral foreign tax credit or relief by way of deduction of foreign tax. This note assumes that the company has not made an election to exempt its foreign branch profits. This note also summarises what a UK resident company can do with losses generated overseas. This Practice Note was produced in partnership with Robert O'Hare of Squire Patton Boggs (UK) LLP.

Practice areas

Qualifications

  • LLM (Taxation) (2006)
  • MSc (Theory & History of International Relations) (1998)
  • BA Hons (History) (1997)

Panel

  • Contributing Author

Education

  • King’s College, London (2006)
  • London School of Economics (1998)
  • University of Sheffield (1997)

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