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Bridging the Atlantic Series: Privilege - is the tax advice you receive protected?

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Summary: You should read this if you own or are advising a US business who has taken legal tax advice in the UK. In the UK, legal professional privilege provides important protection against having to disclose certain information or communications to third parties, including the tax authorities and the courts. In general terms, to obtain the protection of privilege, the information must be confidential and not have been disclosed to a third party.

If a taxpayer successfully claims privilege they are entitled, as an absolute right, to withhold the protected information.

There are two types of legal professional privilege: legal advice privilege and litigation privilege. The circumstances in which each can be claimed differ.

We have created an article to provide insight into legal privilege protection in the UK, which covers:

  • Confidential communication
  • What is legal advice?
  • The UK tax authority's approach towards privilege
  • The Tribunal approach

For more information please read the full article Privilege - is the tax advice you receive protected?.

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