We provide comprehensive legal and tax advice on payroll taxes and share incentive arrangements for clients ranging from public companies to those who may own and manage their own business.

Our executive tax lawyers advise clients on an appropriate tax planning strategy often working closely with our incentives team to implement the strategy in a collaborative and timely manner. Our lawyers are experts in a range of tax-related matters including tax efficient remuneration and capital gains tax strategies, as well as share options and advice for overseas domiciliaries living and working in the UK.

Our advice in this area also draws on the expertise of colleagues who specialise in more general areas of personal advice.

Areas of focus

Our expertise in executive tax includes the following:

  • Share options.
  • Salary and bonus structures.
  • Tax-efficient incentivisation.
  • Growth shares and other similar packages.
  • Alignment of the interests of company and executive.
  • Disclosure to HMRC and HMRC enquiries.
  • Use of employee benefit trusts.
  • IR35 in both public and private sectors.
  • Salary sacrifice.
  • Termination payments.
  • Capital Gains Tax and Inheritance Tax advice.
  • Helping you when things go wrong.

Designing and implementing a growth share scheme for a manufacturing company as part of overall succession planning and incentivisation arrangements.

Advising a non-UK domiciled employee moving to London but continuing to work in several overseas jurisdictions on structuring his salary payments to avoid both UK and overseas tax on earnings payable in respect of work done outside the UK.

Growth share incentives – designing and implementing a growth share scheme for a manufacturing company as part of overall succession planning and incentivisation arrangements. The work also involved advice on the "employment income through third parties" legislation. We have recently advised on a tax-efficient share incentive structure for the (non-UK domiciled) CFO of a well-known online business.

EBTs/ EFRBSs – we have set up remuneration structures using EBTs and EFRBSs for a number of clients. We have also advised on the application of the "employment income through third parties" legislation to such structures.

Successfully concluding a multi-million pound dispute with HMRC over a s 425 ITEPA planning arrangement in which HMRC withdrew its case entirely.

Negotiating the complete withdrawal by HMRC of possible back-assessments to PAYE and NICs in a number of employment status disputes.

Advising in relation to judicial review of HMRC's refusal to grant relief under s 392 ITEPA in relation to a FURBS from which the client had since been entirely excluded from benefit.

Advising on an HMRC investigation into split-contract planning for a non-domiciled senior executive of a global management consultancy.

Settling disputes with HMRC in relation to Employee Benefit Trusts.

Advising in relation to a dispute as to the application of the Transfer of Assets abroad legislation.

Meet the team
Headshot John Barnett

John Barnett Partner

  • Head of Partnerships
  • Private Client Services
  • Tax
Ian Carnochan

Ian Carnochan Partner

  • Tax
  • Corporate Tax
  • Real Estate Tax

Hilary Barclay Partner

  • Tax
  • Mergers and Acquisitions Tax
  • Tax Advice for Companies and Shareholders 

Payroll and Employment Tax

The key partners are very strong and always seem to have impressive back-up from their associate ranks.

Chambers UK 2024

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