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Key definition
Anti-avoidance definition

What does Anti-avoidance mean? Anti-avoidance describes measures used to stop parties structuring transactions to sidestep statutory liabilities or weaken creditor protections. In pensions practice in the UK, it most often refers to The Pensions Regulator’s (TPR) powers to deter or remedy avoidance of defined benefit scheme obligations, especially the section 75 employer debt. Although “anti-avoidance” is a descriptive term, key powers are set out in legislation. Under the Pensions Act 2004 (as amended, notably by the Pension Schemes Act 2021), TPR may issue: - Contribution notices (CNs), requiring payment to a scheme. Statutory “tests” include main purpose, material detriment, and (from 2021) the...

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UK Transfer of Assets Abroad: EU defence pre-6 April 2025—operation, Conditions A and B, non-transferor charge, Fisher v HMRC, Brexit and repeal

Practice notes
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STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime

The Finance Act 2025 (FA 2025), which secured Royal Assent on 20 March 2025, enacts the removal of the remittance basis and brings in a residence-based regime with effect from 6 April 2025. FA 2025 also makes residence, rather than domicile, the principal criterion for determining inheritance tax exposure.

Further measures include:

  • Revisions to the rules for determining excluded property treatment
  • Removal of protected settlements status for offshore trusts
  • Updates to overseas workday relief

For details, refer to Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. See also: Finance Bill Tracking Service: Key dates (Finance Bill 2025) and Finance Act 2025. This Practice Note is archived and not maintained.

Repeal of EU Defence from 6 April 2025

The UK left the EU on 31 January 2020 and therefore ceased to be an EU Member State. Consequently, from a UK perspective, the freedom of establishment no longer applies to movements between the UK and EU Member States from that date. As a third country, the free movement of capital...

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James Quarmby
James Quarmby

James is the head of Stephenson Harwood's private wealth team and was recognised as 'lawyer of the year' Magic Circle Awards (2019), 'leading individual' and 'tax and trust lawyer of the year' in the the Wealth Briefing Awards (2018 and 2017) and  'tax and trusts lawyer of the year' in the Spears Wealth Management Awards (2016).James was also a finalist for 'solicitor of the year' in the Law Society Excellence Awards 2018. He is ranked by Spears as being in the Top 10 tax and trust lawyers in the UK. James specialises in international private wealth law and taxation, with a particular expertise in foreign pensions....

Web page updated on 22/05/2026

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