Private equity funds

FORTHCOMING CHANGE relating to the tax treatment of carried interest: Following a call for evidence on the tax treatment of carried interest that ran over summer 2024, at Autumn Budget 2024 the government announced that it would introduce a revised tax regime for carried interest, from 6 April 2026, that will sit within the income tax framework, subject to special rules to take account of the unique characteristics of the reward. A consultation on potential new qualifying conditions for access into the new regime followed, with a government response to this being issued in June 2025. Draft legislation for the new tax regime for carried interest is expected on 21 July 2025, for inclusion in Finance Bill 2026. In the meantime, the capital gains tax rates applicable to carried interest were increased to 32% with effect from 6 April 2025. For more on the government announcements on carried interest tax reform, including some commentary from legal experts in the field, see our News Analyses: Autumn Budget 2024—Tax analysis—Private equity and venture capital, Autumn Budget 2024—carried interest taxation reform and Tax weekly highlights—12 June 2025—Government

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FTT confirms partner has no right of appeal after incorrect adjustment to personal self-assessment following partnership enquiry (Michael Kelly v HMRC)

Tax analysis: In Michael Kelly v HMRC, the First-tier Tax Tribunal (FTT) struck out the taxpayer’s appeal due to lack of jurisdiction, holding that an individual partner has no right of appeal against amendments to his personal self-assessment return following adjustments to the partnership return. HMRC’s assessments on the partner stood, even though the tax charged could be incorrect.

Upper Tribunal confirms HMRC’s power to issue assessments under TMA 1970 regarding pension scheme unauthorised payments (Trachtenberg v Revenue and Customs Commissioners)

Pensions analysis: Mr Trachtenburg (‘A’) appealed against the decision of the FTT, upholding HMRC’s assessments under section 29 of the Taxes Management Act 1970 (TMA 1970), charging him to income tax under sections 208 and 209 of the Finance Act 2004 (FA 2004). The sole issue was whether HMRC have power to issue assessments under TMA 1970, s 29. A contended: First, that the pension provisions in FA 2004 were comprehensive, the TMA 1970 does not enable HMRC to assess in the in the absence of any express application by FA 2004, s 255 or regulations issued under it, put beyond doubt by section 255(3)(b), which states that regulations under section 255 ‘may…provide for the application of any provision of the Tax Acts (with or without modification)’, unnecessary words otherwise; and Parliament had left it to HMRC to implement the necessary regulations, but they had failed to do so. Second, that TMA 1970, s 29 did not apply to income tax under FA 2004, ss 208 and 209, which did not charge income tax ‘for a year of assessment’. The Upper Tribunal (UT) rejected these arguments and dismissed the appeal. Written by Rebecca Murray, barrister at Devereux Chambers.

Double taxation tiebreakers—meaning of POEM (Haworth v HMRC)

Private Client analysis: The Court of Appeal has found that the test of ‘Place of Effective Management’ (POEM) in a double taxation treaty (DTT) is not the same as the central management and control (CMC) test for company residence. POEM is frequently used in DTTs as a tiebreaker to determine in which of two contracting states a person other than an individual (eg a company or trust) is resident for the purposes of the DTT. There is limited case law, either in the UK or internationally, on how the test should be applied. The court rejected the appellants’ submissions that a tribunal determining POEM should adopt a test derived from the CMC case of Wood v Holden, with the focus upon whether the decision-making functions of the constitutional organs have been usurped or dictated to. It found no support for this submission in authorities or materials admissible to interpret the DTT. Written by Christopher Stone KC, barrister at Devereux Chambers.

FTT dismisses taxpayer’s appeal against chargeable gains degrouping charge (Currys Retail Ltd v HMRC)

Tax analysis: In Currys Retail Ltd, the First-tier Tax Tribunal (FTT) dismissed the taxpayer’s appeal against a degrouping charge (under section 179 of the Taxation of Chargeable Gains Act 1992 (TCGA 1992)) in respect of the goodwill in four businesses that it had acquired intra–group. The FTT held that, on a realistic view of the facts, the taxpayer retained the businesses and goodwill at the time when it left the chargeable gains group and so was subject to the degrouping charge.