Martin Shah#4088

Martin Shah

Martin is a partner in the corporate tax group at Simmons & Simmons. His broad based practice encompasses financial markets, corporate, real estate (including structured real estate) and commercial work, with an emphasis on clients in the asset management & investment funds and financial institutions sectors. His focus includes advising on funds and other investment products, together with structural tax issues for asset management, banking and insurance clients.

Martin leads the financial services tax practice which won European Financial Services Tax Team of the Year at the International Tax Review European Awards in 2011 and 2013. He is rated in the latest Legal 500 and Chambers directories ("very strong" in his defence of clients’ interests and can be relied upon to be "robust in difficult circumstances") for corporate tax and endorsed by PLC Which Lawyer?.

Martin is a regular participant at the Investment Management Association and Alternative Investment Management Association, and a member of AIMA’s Tax Committee. He also led the AIMA working group on the European Savings Directive. Martin is a member of the Tax Committee of the Law Society of England and Wales and chairs its VAT and Duties Sub-Committee.
Contributed to

16

AIFs—tax elected funds
AIFs—tax elected funds
Practice notes

This Practice Note explains how an authorised investment fund (AIF) may qualify as a tax elected fund (TEF), the procedure for seeking such status, the consequences for the fund and its participants of qualification as a TEF and certain related compliance matters. This Practice Note is produced in partnership with Martin Shah of Simmons & Simmons LLP.

PAIFs—breach of the conditions and exit
PAIFs—breach of the conditions and exit
Practice notes

This Practice Note considers the consequences of breaches of the various conditions that an open-ended investment company (OEIC) must meet to qualify for tax treatment under the property authorised investment funds (PAIF) regime, as well as the tax consequences of an exit from the regime. This Practice Note is produced in partnership with Martin Shah of Simmons & Simmons LLP.

PAIFs—tax treatment of the fund and its investors
PAIFs—tax treatment of the fund and its investors
Practice notes

This Practice Note looks at the tax treatment of property authorised investment funds (PAIFs) and their investors, and at some of the associated compliance obligations. This Practice Note is produced in partnership with Martin Shah of Simmons & Simmons LLP.

PAIFs—the conditions
PAIFs—the conditions
Practice notes

This Practice Note looks at the various conditions that an open-ended investment company (OEIC) must meet to qualify for tax treatment under the property authorised investment fund (PAIF) regime. This Practice Note is produced in partnership with Martin Shah of Simmons & Simmons.

Practical application of the VAT exemption for fund management
Practical application of the VAT exemption for fund management
Practice notes

This Practice Note provides an overview of a number of practical considerations relating to the VAT exemption for the management of special investment funds. This Practice Note is produced in partnership with Martin Shah and Gary Barnett of Simmons & Simmons LLP.

Property authorised investment funds (PAIFs)—compliance and vouchers
Property authorised investment funds (PAIFs)—compliance and vouchers
Practice notes

This Practice Note considers the requirements on property authorised investment funds (PAIFs) to submit corporation tax returns and accompanying documents, to withhold tax from distributions and account for it to HMRC and to provide statements to recipients of distributions showing the amount of tax withheld. It also considers the position in the event that the PAIF pays a distribution free from withholding when withholding was, in fact, required. This Practice Note is produced in partnership with Martin Shah of Simmons & Simmons LLP.

Property authorised investment funds (PAIFs)—summary
Property authorised investment funds (PAIFs)—summary
Practice notes

This Practice Note broadly outlines the rules applicable to property authorised investment funds (PAIFs). It briefly considers what PAIFs are, the intention behind the PAIFs regime, the conditions for the regime to apply, as well as the taxation of PAIFs and their investors. This Practice Note is produced in partnership with Martin Shah of Simmons & Simmons LLP.

Property authorised investment funds (PAIFs)—taxation of the participants
Property authorised investment funds (PAIFs)—taxation of the participants
Practice notes

This Practice Note considers the tax treatment of distributions made by a property authorised investment fund (PAIF) in the hands of participants. It looks at the allocation of distributions between three types of income and the tax consequences of each for different types of investor. This Practice Note is produced in partnership with Martin Shah of Simmons & Simmons LLP.

REITs—breaches and exit
REITs—breaches and exit
Practice notes

This Practice Note sets out the consequences of a real estate investment trust (REIT) ceasing to meet one or more of the qualifying conditions contained in the UK’s REIT regime. It covers the circumstances in which a REIT can be automatically expelled from the regime, when notification of a breach is required, and the varying implications of different kinds of breaches, including the impact of multiple breaches. It also looks at how a company exits the REIT regime voluntarily. Finally, it considers the tax consequences of exit. This Practice Note was produced in partnership with Martin Shah of Simmons & Simmons LLP.

REITs—indirect ownership of property and joint ventures
REITs—indirect ownership of property and joint ventures
Practice notes

This Practice Note looks the position where a UK real estate investment trust (REIT) makes an indirect investment into property through a partnership, offshore unit trust or company. It also looks specifically at the situation where a REIT invests through a company (or group of companies) that qualifies as a joint venture, and at the resultant tax treatment that applies. This Practice Note was produced in partnership with Martin Shah of Simmons & Simmons LLP.

REITs—summary of the tax regime
REITs—summary of the tax regime
Practice notes

This Practice Note provides an outline of the tax regime applicable to UK real estate investment trusts (REITs). It summarises the rationale behind the REIT regime, what a REIT is, the conditions for the UK REIT regime to apply and the tax treatment of the REIT and its investors. This Practice Note was produced in partnership with Martin Shah of Simmons & Simmons LLP.

REITs—tax treatment of the REIT and its shareholders
REITs—tax treatment of the REIT and its shareholders
Practice notes

This Practice Note discusses the tax treatment of UK real estate investment trusts (REITs) and their shareholders, including the requirement imposed on REITs to withhold UK tax from certain distributions to those shareholders. This Practice Note was produced in partnership with Martin Shah of Simmons & Simmons LLP.

REITs—the conditions and tests
REITs—the conditions and tests
Practice notes

This Practice Note sets out the conditions and tests that are required to be met by real estate investment trusts (REITs) in order to benefit from the REIT tax regime. It looks at the company conditions, the property rental business conditions, the balance of business conditions, and the distribution condition. It also discusses the two additional tests—the holder of excessive rights (or corporate ownership) test and the interest cover test—which both place practical restrictions on how a REIT is set up and funded. This Practice Note was produced in partnership with Martin Shah of Simmons and Simmons LLP.

UK REITs—anti-avoidance
UK REITs—anti-avoidance
Practice notes

This Practice Note considers the principal anti-avoidance rules in the tax code for real estate investment trusts (UK REITs). It also examines the provisions, having anti-avoidance effect, that are triggered in certain circumstance involving development properties, a breach of the holder of excessive rights (or corporate ownership) or interest cover tests, and an early exit from the UK REIT regime. This Practice Note was produced in partnership with Martin Shah of Simmons & Simmons LLP.

VAT exemption for fund management
VAT exemption for fund management
Practice notes

This Practice Note provides an overview of the VAT exemption for fund management of special investment funds. It discusses the meaning of management and the meaning of special investment fund. This Practice Note is produced in partnership with Martin Shah and Gary Barnett of Simmons & Simmons LLP

Practice Area

Panel

  • Contributing Author

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