Matheu specialises in dealing with disputes involving tax issues, including disputes with HMRC.
He often works alongside a client’s existing advisors to help to manage and control the procedural aspects of the litigation process, to gather and prepare the client’s evidence and to analyse the opponent’s evidence, tailoring his role to what is needed in each case. He is highly regarded for finding pragmatic and cost-effective ways to deal with even the most complex cases.
Expertise
- All aspects of the statutory appeal processes for all direct and indirect taxes and customs duties including proceedings before the first-tier and upper tribunals and all levels of the conventional court system.
- All other forms of litigation and ADR processes which feature tax-related issues such as Insolvency Act proceedings where the insolvent entity is said to have debts to HMRC and professional negligence claims concerning tax advice.
- Assisting with HMRC enquiries, the preparation and submission of applications to HMRC’s clearance services and otherwise helping clients to try to identify and, if possible, avoid potential disputes with HMRC.
- Making use of the ADR processes HMRC is willing to follow and otherwise negotiating settlements with HMRC.
- Advised a UK winery in a dispute concerning the liability to pay excise duty and whether the payment of it should be suspended. Amongst the many points of dispute were the consequences of HMRC’s failure to process the taxpayer’s application for a wine producer’s licence in a timely fashion due to covid related issues
- Advised an overseas resident officer of a UK registered company concerning their potential joint and several liability for penalties that the HMRC was seeking to impose on the company. The UK company had been involved in developing and promoting what HMRC regarded as a tax avoidance scheme
Experience
- Dealt with a broad range of disputes arising from tax planning including film investment schemes and other sideways loss relief schemes, EBT schemes, contractor schemes, SDLT schemes.
- Advised companies caught up in HMRC’s crackdown on MTIC VAT fraud and in other instances where HMRC has sought to rely on the ‘knew or should have known’ principle to render third parties liable for VAT lost to fraud in related transactions.
- Dealt with claims pursued by liquidators against individuals that controlled or were connected with failed companies that owed substantial debts to HMRC including claims based on unlawful and fraudulent trading and breach of fiduciary duties. Also acted for both liquidators and those facing claims brought by liquidators.
- Challenged through tribunal proceedings and judicial review HMRC’s failure to properly exercise its powers in relation matters such as the proper conduct of its investigations.
- Acted in customs and duties disputes arising from incorrect tariff classification, origin issues, the customs warehousing scheme and breach of export controls.
- Acted in professional negligence claims concerning tax advice.
Please note: The experience list above may include examples of work completed prior to joining Keystone Law.
Recognition
- Member of the VAT Practitioners Group (‘VPG’)
- Member of the Solicitors Association of Higher Court Advocates (‘SAHCA’)
Career
Matheu qualified as a solicitor in 1999, and as a solicitor advocate in 2011. Prior to joining Keystone Law in 2008, he worked at the following firms:
- The Khan Partnership
- DLA Piper
- Nelsons