Introduction

Nicholas advises clients on the tax aspects of corporate transactions, cross-border restructurings in dynamic industries and on tax audits, investigations and controversies

Nicholas Gardner is a partner and chartered tax adviser in the tax department in London. His practice focuses on the tax aspects of a wide variety of corporate disposals and reconstructions (including structuring cross-border buy-outs, mergers, acquisitions, joint ventures and leasing transactions) with a particular emphasis on the financial services, insurance, energy, transport and infrastructure sectors. Nicholas' practice also includes advising in relation to the resolution of disputes with HMRC and contentious tax matters generally. He has handled a variety of cases ranging from First Tier Tribunal appeals to cases before the Court of Justice of the European Union, the Supreme Court and the Court of Appeal.

Nicholas is co-author of the tax chapter in the "PLC Rights Issues and other Secondary Issues Manual". He is a member of the Chartered Institute of Taxation corporation tax sub-committee.

Tax – Non Contentious

  • Property Developer | Advised on the formation of a major joint venture involving a portfolio of UK development projects, supporting the delivery of large-scale sustainable urban regeneration initiatives.
  • LGT Private Debt (UK) Ltd | Acted for LGT as the secured lender in relation to the tax aspects of the restructuring of Textile Recycling International Limited (TRIL).
  • PPL Corporation | Advised PPL on its £7.8 billion sale of the UK electricity distribution group Western Power Distribution to National Grid, in particular on the tax structuring of the disposal and on a £40 million indemnity which PPL Corporation gave to National Grid in respect of an anti-hybrid enquiry by HMRC.
  • iCON Infrastructure LLP | Advising in relation to the reorganization of the Wind Estate corporate group and producing a tax steps paper in respect of the reorganization steps.
  • Mollie | Advised Mollie on its €1 billion acquisition of GoCardless, creating Europe's most complete payment platform. The strategic combination will create a single payment provider serving over 350,000 businesses, integrating card payments, local methods and bank payments into a single solution.
  • Renewi Limited | Advised Renewi on its divestment of its UK municipal business, comprising of five long-term waste treatment contracts with local councils, to Biffa Limited. Ashurst advised on all tax aspects of the transaction and the structuring of a pre-sale reorganization and the tax treatment of the capital injection.
  • UK Bank | Advised on the acquisition of a fintech business through a competitive sale process, including all related corporate and transaction matters.

Tax – Contentious

  • Hastings Insurance Services Limited | Acted for Hastings Insurance Services Limited in relation to an appeal in the First-tier Tax Tribunal in respect of a challenge to the validity of certain VAT rules regarding Offshore Looping which were introduced by HMRC.
  • Wood Group UK Limited | Advising in relation to an FTT appeal in respect of a potential employer NIC assessment for periods from 2011 to 2013 in respect of offshore crews provided by the group from offshore employers to clients operating oil rigs in the North Sea.
  • Government of Jersey | Advising the Government of Jersey on its Privy Council appeal on a case concerning tax information requests and the implications of human rights law on cost recovery in relation to such matters.