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Share Plans and Incentives: Shaping New Law into Solution-Focused Answers for Your Clients

  • Tuesday, 26th November 2019
  • The Caledonian Club 9 Halkin Street London SW1X 7DR
  • 5 hrs CPD

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Answers to 11 Thorny Questions: Directly from 8 of the UK's Most Talented Lawyers and Accountants

  1. Registration and coffee

  2. Chair's introduction

    Share Plans and Incentives: Shaping new law into solution-focused answers for your clients

    Chaired by: Mahesh Varia of Travers Smith

    Mahesh advised Nikkei on the incentive aspects of its £844m acquisition of The Financial Times Group. He is editor of the employment income chapter of "Revenue Law – Practice and Principles".

  3. EMI

    How are the interactions with HMRC changing over EMI valuations and what can be done about it?

    Answered by: John Dunlop of DAC Beachcroft

    John specialises in advising on share schemes of all types, particularly Enterprise Management Incentives. He has "an excellent breadth of knowledge and understanding and strategic sense."

  4. Share capital

    In light of new HMRC guidance and case law, how is the definition of ordinary share capital impacting on share plans and entrepreneurs’ relief?

    What are the options for clients?

    Answered by: Felicity Cullen QC of Devereux Chambers

    Felicity is "exceptionally astute, vastly experienced, calm, quick and thorough, with great technical knowledge." She took silk in 2008, becoming the first woman Silk in specialist tax chambers.

  5. Morning coffee

  6. EOT

    Drawing on real life examples, how do you overcome the difficulties associated with EOT transactions?

    How do you structure them, fund them, repay the funding and unwind them?

    Answered by: Fiona Bell of RSM

    Fiona advised the Office of Tax Simplification on its two share schemes reports and chairs the Quoted Companies Alliance Share Scheme Experts Group. Her specialism is employee ownership.

  7. Growth shares

    Cutting through all the opinions, how marked is the HMRC's shift in approach to the valuation of growth shares?

    How accepting is it of low (or zero) valuations?

    Answered by: Hannah Tipper of Deloitte

    Hannah's specific interest is the valuation of non-quoted shares for complex employee incentive arrangements and transactions. She is highly experienced at leading negotiations with HMRC.

  8. Avoidance

    Cutting through the controversy and hullabaloo, how is the concept of tax avoidance developing internationally and in the EU?

    Answered by: Francis Fitzpatrick QC of 11 New Square

    Francis "exudes star quality." His advice is "exceptionally clear and reliable" and infused with "real commercial awareness." He has an impressive record of settling disputes with HMRC.

  9. Lunch

  10. M&A

    What is the current market thinking on how to design a new incentive structure in anticipation of or immediately after an M&A transaction?

    Answered by: Mark Ife of Herbert Smith Freehills

    Mark assisted Sky on the competing takeover bids by Fox and Comcast. He is author of 'Employee Share Schemes' (7th Ed.).

  11. Securities legislation

    How amenable is the Tribunal to arguments over the employment-related securities legislation, following the flurry of recent cases, including NCL and Vermillion?

    Answered by: Philip Simpson QC

    Philip is "incredibly bright," "a major tax specialist;" "his knowledge of tax law is encyclopaedic." He acted in the hotly contested Vermillion Holdings litigation on securities legislation.

  12. EBT

    What are the latest ideas and innovations around tax-efficient structures for EBTs and share awards and why are they so significant for practice?

    Answered by: David Craddock

    David is author of Tolley's Guide to Employee Share Schemes and ICSA’s Employee Share Schemes Handbook. He is “a problem solver – practical, and with ground-breaking knowledge.”

  13. Over-run

  14. Close of conference

All speaker quotes are taken from Chambers Directory, Who’s Who Legal or Legal 500

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