Biography

Glen Loutzenhiser, BComm (Sask), LLB (Toronto), LLM (Cantab), MA (Oxon), DPhil (Oxon) is Professor of Tax Law and Tutorial Fellow in Law of St Hugh's College. He teaches undergraduate courses on EU Law and Taxation Law and teaches on the taught graduate Business Taxation in a Global Economy option on the BCL/MJur/MLF. He is also a programme director and teacher on the part-time MSc in Taxation degree. Glen is Assistant Editor of the British Tax Review, sole consultant editor of the Taxation Volumes of Halsbury's Laws of England and Wales, and sole editor of Tiley’s Revenue Law (Hart Publishing)- a leading UK tax law textbook. His research interests include the taxation of small businesses and employees, wealth taxes, executive compensation and taxation of the family.

Publications

Selected publications

  • G Loutzenhiser, 'Philosophical Theorising on Taxation ' (2020) 40 Oxford Journal of Legal Studies 905
    DOI: https://doi.org/10.1093/ojls/gqaa030
    This review article examines two collected-works books: Taxation: Philosophical Perspectives, edited by Martin O’Neill and Shepley Orr, and Philosophical Foundations of Tax Law, edited by Monica Bhandari. It is argued that the two books reflect a high-quality but also fragmented body of philosophical work on taxation with a surprising degree of silo working. A selection of contributions to the two books are examined and categorised into four distinct strands with the aim of developing stronger connections between those working on related philosophical questions within the four strands and across disciplines.
  • Stephen Daly, Helen Hughson and G Loutzenhiser, 'Valuation for the Purposes of a Wealth Tax' (2021) Fiscal Studies 615
    DOI: 10.1111/1475-5890.12287
    This article considers the scale and prevalence of valuation issues under a wealth tax. Valuation issues are frequently cited in the literature as the most difficult aspect of wealth taxes. We examine some of the most problematic asset types from a valuation perspective. We also consider a range of solutions to manage these concerns, drawing on international experience and the approaches already taken for other taxes within the UK system. We conclude that satisfactory options for arriving at a value for wealth tax purposes are available even for the most problematic assets. We also estimate that the absolute number of taxpayers likely to pay substantial valuation fees is small, and that, in aggregate, valuation costs could be contained to around 0.1 per cent or less of total chargeable assets, even if they are substantial for some individual taxpayers.
  • G Loutzenhiser and Elizabeth Mann, 'Liquidity Issues: Solutions for the Asset Rich, Cash Poor' (2021) Fiscal Studies 651
    DOI: 10.1111/1475-5890.12281
    Liquidity concerns are oft raised when considering wealth taxes, yet the issue has received scant attention in the extant literature. In this article we provide the first comprehensive review of the liquidity problem. Our aims are to estimate the scale of the problem, to explore the extent to which archetypal examples are at risk of experiencing low liquidity, and to review the policy options to reduce the scale and impact of liquidity challenges. Using data from Round 6 of the Wealth and Assets Survey, we demonstrate that the scale of the problem depends largely on conceptual and design issues. We find that farmers and business owners are commonly over-represented in the low-liquidity group, but there is little evidence to support the typical narrative surrounding single pensioners. Finally, we conclude our review with a number of preferred solutions to address liquidity issues, including recognising that a net wealth tax can be paid out of income or by sale of assets, by withholding tax (e.g. by pension providers), by borrowing/financing, deferred payment arrangements and, possibly in limited circumstances, payment in specie.

Other (2)

G Loutzenhiser, 'Finance Act 2021 Notes: Section 21: workers' services provided through intermediaries; Section 22: payments on termination of employment' [2021] British Tax Review 392
G Loutzenhiser, 'Finance Act 2021 Notes: Sections 113-115 and Schedules 22 and 23: freeports' [2021] British Tax Review 433

Edited Book (1)

G Loutzenhiser (ed), Halsbury’s Laws of England and Wales: Taxation Volumes 99 and 99A (Lexis Nexis 2021)

Journal Article (18)

G Loutzenhiser and Elizabeth Mann, 'Liquidity Issues: Solutions for the Asset Rich, Cash Poor' (2021) Fiscal Studies 651
DOI: 10.1111/1475-5890.12281
Liquidity concerns are oft raised when considering wealth taxes, yet the issue has received scant attention in the extant literature. In this article we provide the first comprehensive review of the liquidity problem. Our aims are to estimate the scale of the problem, to explore the extent to which archetypal examples are at risk of experiencing low liquidity, and to review the policy options to reduce the scale and impact of liquidity challenges. Using data from Round 6 of the Wealth and Assets Survey, we demonstrate that the scale of the problem depends largely on conceptual and design issues. We find that farmers and business owners are commonly over-represented in the low-liquidity group, but there is little evidence to support the typical narrative surrounding single pensioners. Finally, we conclude our review with a number of preferred solutions to address liquidity issues, including recognising that a net wealth tax can be paid out of income or by sale of assets, by withholding tax (e.g. by pension providers), by borrowing/financing, deferred payment arrangements and, possibly in limited circumstances, payment in specie.
G Loutzenhiser, 'The Office of Tax Simplification’s 2020 first report on capital gains tax' [2021] British Tax Review 131
Stephen Daly, Helen Hughson and G Loutzenhiser, 'Valuation for the Purposes of a Wealth Tax' (2021) Fiscal Studies 615
DOI: 10.1111/1475-5890.12287
This article considers the scale and prevalence of valuation issues under a wealth tax. Valuation issues are frequently cited in the literature as the most difficult aspect of wealth taxes. We examine some of the most problematic asset types from a valuation perspective. We also consider a range of solutions to manage these concerns, drawing on international experience and the approaches already taken for other taxes within the UK system. We conclude that satisfactory options for arriving at a value for wealth tax purposes are available even for the most problematic assets. We also estimate that the absolute number of taxpayers likely to pay substantial valuation fees is small, and that, in aggregate, valuation costs could be contained to around 0.1 per cent or less of total chargeable assets, even if they are substantial for some individual taxpayers.
G Loutzenhiser, 'Finance Act 2020 Notes: Section 29: structures and buildings allowances: rate of relief; Section 30: structures and buildings allowances: miscellaneous amendments' [2020] British Tax Review 449
G Loutzenhiser, 'Philosophical Theorising on Taxation ' (2020) 40 Oxford Journal of Legal Studies 905
DOI: https://doi.org/10.1093/ojls/gqaa030
This review article examines two collected-works books: Taxation: Philosophical Perspectives, edited by Martin O’Neill and Shepley Orr, and Philosophical Foundations of Tax Law, edited by Monica Bhandari. It is argued that the two books reflect a high-quality but also fragmented body of philosophical work on taxation with a surprising degree of silo working. A selection of contributions to the two books are examined and categorised into four distinct strands with the aim of developing stronger connections between those working on related philosophical questions within the four strands and across disciplines.
G Loutzenhiser, 'Finance Act 2019, ss 30, 31, 33, 34, 35: Capital allowances for structures and buildings and additional amendments' [2019] British Tax Review 331
G Loutzenhiser, 'Finance Act 2017 notes: Section 6 and Schedule 1: Workers’ services provided to public sector through intermediaries' [2017] British Tax Review 518
G Loutzenhiser, 'Where next for small company tax reform in the UK?' [2016] British Tax Review 674
G Loutzenhiser, 'Transferable Personal Allowances: A Small Step in the Wrong Direction' [2015] 1 British Tax Review 110
G Loutzenhiser, 'Finance Act 2014 notes: section 58: relief on disposal of private residence' [2014] 4 British Tax Review 406
G Loutzenhiser, 'Finance Act notes: section 22: arrangements made by intermediaries - IR35 and office-holders' [2013] British Tax Review 405
G Loutzenhiser, 'Tax Avoidance, Private Companies and the Family' (2013) 72 Cambridge Law Journal 35
ISBN: 0008-1973
G Loutzenhiser, 'Finance Act 2012, Section 8 and Schedule 1: high income child benefit charge' [2012] British Tax Review 370
G Loutzenhiser, 'Operational integration of income tax and National Insurance Contributions' [2011] British Tax Review 361
ISBN: 0007-1870
G Loutzenhiser, 'Income Splitting and Settlements: Further Observations on Jones v Garnett' [2007] British Tax Review 693
The author contributes to the discussion on the family business income-splitting case Jones v Garnett. The article begins with an examination of the settlements legislation, focusing on the key definitions, namely “arrangement”, “settlor” and “outright gift”, as well as the common law “bounty” requirement and considers how these definitions apply in the context of family businesses. In the 2007 Pre-Budget Report the Government announced it will be launching a consultation on new legislation to prevent tax-motivated income splitting involving dividends and partnership profits. The article concludes with a discussion of various alternatives available to the Government for addressing the income-splitting issue raised by the case, as well as the more favourable tax and national insurance contribution treatment generally accorded unearned income as compared to earned income
G Loutzenhiser, 'Prescribed Share Concerns When Employee Stock Options Are Exercised During a Takeover Bid' (2002) 13(9) Taxation of Executive Compensation and Retirement 131
G Loutzenhiser, 'New Federal Legislation Enhances Employee Stock Option Benefits' (2001) 12(9) Taxation of Executive Compensation and Retirement 423
G Loutzenhiser, 'Holding Revenue Canada to its Word: Estoppel in Tax Law' (1999) vol. 57, no. 2, University of Toronto Faculty of Law Review 127

Chapter (8)

G Loutzenhiser, 'The United Kingdom’s General Anti-Abuse Rule' in B Arnold (ed), The Canadian General Anti-Avoidance Rule, 30th Anniversary (Canadian Tax Foundation 2021)
G Loutzenhiser, 'Geoffrey and Elspeth Howe and The Path Towards Independent Taxation of Husbands and Wives: 1968-1980' in G Loutzenhiser and R de la Feria (eds), The Dynamics of Taxation: Essays in Honour of Judith Freedman (Hart Publishing 2020)
G Loutzenhiser, 'United Kingdom' in K van Raad (ed), Materials in International, TP and EU Tax Law 2020-21 (International Tax Centre Leiden 2020)
G Loutzenhiser, 'Jones v Garnett' in J Snape and D de Cogan (eds), Landmark Cases in Revenue Law (Hart Publishing 2019)
G Loutzenhiser, 'United Kingdom' in H Ault, B Arnold and G Cooper (eds), Comparative Income Taxation: A Structural Analysis, 4th edn (Kluwer Law International 2019)
G Loutzenhiser, 'United Kingdom' in K van Raad (ed), Materials in International, TP and EU Tax Law 2018-19 (International Tax Centre Leiden 2018)
G Loutzenhiser, 'Trompe-l’oeil: The sham doctrine in the Canadian tax courts' in Miranda Stewart and Edwin Simpson (eds), Sham Transactions (OUP 2013)
ISBN: 0199685347
G Loutzenhiser, 'Taxation of Executive Compensation' in Jennifer Hill and Randall Thomas (eds), The Research Handbook on Executive Pay (Edward Elgar Publishing 2012)
ISBN: 184980396X

Book (5)

G Loutzenhiser and R de la Feria, The Dynamics of Taxation: Essays in Honour of Judith Freedman (Hart Publishing 2020)
G Loutzenhiser, Tiley's Revenue Law (9th edn Hart Publishing 2019)
G Loutzenhiser, Tiley's Revenue Law (8th edn Hart Publishing 2016)
G Loutzenhiser and John Tiley, Advanced Topics in Revenue Law (Hart Publishing 2013)
ISBN: 9781849464239
G Loutzenhiser and John Tiley, Revenue Law, 7th ed (Hart Publishing 2012)
ISBN: 1849463271

Review (9)

G Loutzenhiser, 'Beneficial Ownership: Recent Trends' [2014] 5 British Tax Review 676 [Review]
G Loutzenhiser, 'Resolving Transfer Pricing Disputes: A Global Analysis' [2013] British Tax Review 695 [Review]
G Loutzenhiser, 'Taxes in America: What Everyone Needs to Know ' [2013] British Tax Review 697 [Review]
G Loutzenhiser, 'The Oxford Introduction to US Law: Income Tax Law' [2013] British Tax Review 698 [Review]
G Loutzenhiser, 'Anglo-American Corporate Taxation: Tracing the Common Roots of Divergent Approaches' [2012] British Tax Review 678 [Review]
G Loutzenhiser, 'Australia’s Future Tax System: The Prospects After Henry' [2012] British Tax Review 579 [Review]
G Loutzenhiser, 'International Commercial Tax' [2011] British Tax Review 229 [Review]
G Loutzenhiser, 'Tax arbitrage: the trawling of the international tax system' [2011] British Tax Review 358 [Review]
G Loutzenhiser, 'Taxation of Intellectual Property' [2011] British Tax Review 357 [Review]

Presentation/Conference contribution (11)

G Loutzenhiser, Panel Chair: Non-financial remuneration and costs associated with working, paper presented at Institute for Fiscal Studies 2014 Residential Conference
G Loutzenhiser, Tiley, Tax and Family, paper presented at Society of Legal Scholars 2014 Annual Conference in Nottingham
G Loutzenhiser, UK Taxation of Small Business, paper presented at Max Planck Institute for Tax Law and Public Finance conference, Munich
G Loutzenhiser, Taxing Small Business, paper presented at University of Oxford / University of Sydney conference, Sydney Australia
G Loutzenhiser, Tax Incentives for Marriage, paper presented at Society of Legal Scholars 2010 Annual Conference in Southampton
G Loutzenhiser, Income Shifting and Small Business: Final Thoughts, paper presented at Society of Legal Scholars 2009 Annual Conference in Keele
G Loutzenhiser, Income Splitting and Settlements: Further Observations on Jones v Garnett, paper presented at Society of Legal Scholars 2007 Annual Conference in Durham
G Loutzenhiser, Secretary to Panel: Tax accounting versus commercial accounting, paper presented at International Fiscal Association 60th Annual Congress, Amsterdam
G Loutzenhiser, Income Splitting, Settlements and the Family Business: Recent Developments, paper presented at Society of Legal Scholars 2005 Annual Conference in Strathclyde
G Loutzenhiser, Tax Implications of Hiring and Firing Employees, paper presented at Ontario Bar Association, Continuing Legal Education Conference, 2003
G Loutzenhiser and David G. Duff, Tax Policy and Global Warming, paper presented at (with David Duff) Fourth Global Environmental Tax Conference, Sydney, Australia, 2003

Case Note (3)

Judith Freedman and G Loutzenhiser, 'Samadian v HMRC: deductibility of travel expenses when working from home' [2014] British Tax Review 248 [Case Note]

Report (2)

G Loutzenhiser, Michael Devereux, Judith Freedman and Roberto Schatan and others, Transparency in reporting financial data by multinational corporations (Oxford University Centre for Business Taxation 2011)
ISBN: 978-0-9559350-3-9

Research programmes

Research Interests

Corporate Tax, Employment Tax with a particular emphasis on employee share schemes, Wealth Tax, Tax and the Family, International Tax, Environmental Taxation

Options taught

Taxation Law

Research projects