Eversheds Sutherland - Legal Insights

Have taxpayers and practitioners been thinking about economic substance all wrong? In part two of Eversheds Sutherland's Federal Tax Podcast discussion on the economic substance doctrine, Partner Sandy Bradford and Counsel R.J. Hagerman, explore a practical framework for assessing economic substance risk. They discuss three key considerations: the strength of the transaction's support in the tax code, whether there is a genuine non-tax purpose, and the size of the resulting tax benefit. Using cases such as Summa Holdings and examples involving charitable contributions, Sandy and R.J. also examine why congressional intent, documentation and a transaction's broader narrative can matter when facing IRS scrutiny. Additional information about the cases discussed can be found here: Summa Holdings, Inc. v. Commissioner, 848 F.3d 779 (6th Cir. 2017)

What makes a transaction "real" for federal tax purposes? In the debut episode of Eversheds Sutherland's Federal Tax Podcast, Partner Sandy Bradford and Counsel R.J. Hagerman, unpack the economic substance doctrine and why it matters for taxpayers. They explore the doctrine's two-part test, its potential application to a wide range of transactions, and the significant penalties that can apply when a transaction is found to lack economic substance. Tracing the doctrine from Gregory v. Helvering to recent cases including Liberty Global and Patel, Sandy and R.J. also discuss how economic substance relates to other judicial anti-abuse doctrines and the evolving debate over when the doctrine is "relevant" in the first place. Additional information about the cases discussed can be found here: Gregory v. Helvering, 293 U.S. 465 (1935) Liberty Global, Inc. v. United States, No. 23-1410 (10th Cir. 2026) Patel v. Commissioner, 165 T.C. No. 10 (2025)

Our Energy Transition Series continues to bring you leading global content to support your energy transition journey. During this session, we discussed the continuing role of gas and LNG in the energy transition, the impact of changing global gas markets and pricing volatility, and the key risks shaping the near-term outlook. We also explored the commercial and legal tools available to help manage risk and strengthen resilience.

The Building Safety Levy came into effect in England from October 1, 2026. Subject to limited exceptions, it applies to building control applications for the provision of residential and student-built accommodation.  In this PROPcast we explain the purpose of the levy, how it will be applied, and its impact on developers and the financial viability of development schemes.

In our latest podcast, Simon Borhan and Jennie Fossey-Adams sit down with Jeremy to discuss where we are on the government's pensions policy roadmap and the key issues currently on the agenda for both DB and DC schemes. The discussion covers the use of surplus, run-on and end-game planning, preparations for the new value for money regime, getting ready for the introduction of inheritance tax (IHT) on pensions, and the new guidance expected on trustees' investment duties.

In this podcast, Paul Beausang and Charlotte Stodell from our real estate tax team, in conversation with Rebekka Sandwell, share their predictions for the tax measures that could feature in this year's Budget. From changes they consider highly likely, to less likely possibilities and a selection of wildcard predictions, they explore what may be on the Chancellor's agenda and what it could mean for taxpayers.

Welcome to our three-part series exploring how AI is being used, and sometimes misused, by employees across the employment lifecycle from job applications, day-to-day employment, to workplace disputes. Each episode explores what this means for employers, the risks to watch for, and the practical steps your organisation can take. In this episode, we explore the growing use of GenAI by employees in workplace disputes, which can often result in voluminous and complex documentation and entrenched positions, and the practical steps employers can take in response.

Welcome to our three-part series exploring how AI is being used, and sometimes misused, by employees across the employment lifecycle from job applications, day-to-day employment, to workplace disputes. Each episode explores what this means for employers, the risks to watch for, and the practical steps your organisation can take. In this episode, we look at what happens when employees use GenAI tools at work without proper guardrails and how misuse can expose your organisation to serious legal, regulatory, and reputational risk.

Welcome to our three-part series exploring how AI is being used, and sometimes misused, by employees across the employment lifecycle from job applications, day-to-day employment, to workplace disputes. Each episode explores what this means for employers, the risks to watch for, and the practical steps your organisation can take. In this episode, we consider how AI is being used in recruitment but from the perspective of candidates using it to get hired.

In this episode of the Labor Exchange podcast, our lawyers Stephen Chegwin and Demi Champion explore the latest developments in trade union law and industrial relations. They discuss two significant recent cases on trade unions and collective agreements, examining the key lessons and practical implications for employers. The episode also takes a closer look at the new trade union right of access to workplaces and the new Code of Practice, highlighting the key developments, legal considerations and practical takeaways arising from these important changes.