David Small

picture of David Small

07739 639110

Areas of interest
Tax & Pensions
Trusts & Succession
Professional Negligence

Year of Call
2004

Devil Masters
Andrew Young QC
Gerry Carroll

Summary of Practice

Having been an Inspector of Taxes and subsequently a tax partner in a Big 4 accountancy firm, his main specialisation at the Bar is taxation. He has advised companies, individuals and trusts on a wide range of issues concerning Income Tax, Corporation Tax, Capital Gains Tax, PAYE, NIC, VAT, Inheritance Tax, Excise Duties, SDLT and Aggregates Levy. Apart from questions of liability to tax and mitigating its incidence, he has advised on and/or litigated matters relating to valuation of property, the judicial variation of trusts, the division of estates, rectification of documents, partnership disputes and the enforcement of warranties and indemnities granted on the sale of a company. He has been involved in professional negligence actions concerning tax advisers. His tax and accounting background has also been deployed in professional disciplinary proceedings against accountants and in the prosecution of tax fraud.

Cases, trials, inquiries

 

Junior counsel for taxpayer in successful appeal against a VAT Tribunal decision to the Inner House; DCM Optical Holdings Ltd v HMRC [2007] CSIH 58.

Junior counsel for Royal Bank of Scotland before the European Court of Justice in reference concerning VAT partial exemption, Case C-488/07, Royal Bank of Scotland v HMRC (judgement Dec 08). 

Junior counsel for taxpayer in pending reference to the European Court of Justice concerning VAT treatment of timeshare clubs, Case C-270/09 Macdonald Resorts v HMRC.

Junior counsel for the pursuers in litigation against national firm of accountants concerning negligent advice re incorporation of partnership; agreed settlement at last minute Sept 09.

Recent work (2008 et seq) for a number of clients on the consequences of the decisions in Marks and Spencers, Sempra Metals, Chalke and Wilkins re back claims for VAT and compound interest thereon; advising and drafting Summonses to commence actions in the Court of Session.

Publications

Chapter on "Company Reorganisations" in Tolley's Tax Planning; updated annually 2004-2009.

Appointments

Member of Chartered Institute of Taxation and Treasurer of CIOT Scotland Branch.