RE: 15% Yield!20 Nov 2025 20:33
There's nothing in the FSFL RNS to suggest that its UK tax issues are sector specific. Indeed, the issue seems to have appeared out of thin air (I could find no reference to any ongoing tax review in either the 2024 financial report or the 2025 half year results. In the RNS it says:
"Foresight Solar, with the support of a leading tax advisor, has engaged with HM Revenue & Customs in respect of its group tax structure. This process has been productive in respect of achieving an agreed position for historic tax submissions and providing clarity for tax obligations going forward. Having reached this agreement, however, the current best estimate of tax forecasts indicates that future tax payments will need to be increased, leading to a 3.6pps downside adjustment to NAV. The board has opted to include this estimate in this quarter's update, consistent with the Company's transparent approach. To the extent required, the directors will announce any future updates to the market."
People seem to have just jumped to the automatic conclusion that the reference to "group tax structure" must refer to the fund being Guernsey registered and therefore may be an industry-wide problem (albeit that FSFL has operations in Australia and Spain, in addition to the UK) but the issue seems to be more complex than that. As reported on The Association of Investment Companies (AIC) website, an analyst at Stifel has commented that:
"... it was a complex matter but it appeared FSFL had assumed a higher level of deductions from taxable income than HMRC thought appropriate ... and that .... at this early stage, we hope this is a FSFL-specific issue. However, the market will now be wary of other funds potentially having tax issues. No doubt all the managers will be reviewing their assumptions ...”.
Tax deductions can imply many things. It can imply the rate, allocation and/or amount of capital allowances claimed, the allocation of costs between different tax jurisdictions and/or the allowability or not of certain costs. Both FSFL and NESF are audited by KPMG but are likely to handle their tax compliance in-house, so it does not necessarily follow that they will both use the same tax approach. Auditors will rarely, if ever, advise clients on what expenditure might, or might not, be tax deductible (for liability reasons) where an application of judgement is required unless it’s material and clearly contrary to prevailing tax legislation. In FSFL’s instance, it appears to be a question of quantum rather than tax deductibility per se i.e. HMRC appear to have questioned the quantum of expenditure deducted from FSFL’s UK-generated profits, as opposed to Australia, Guernsey and/or Spain.
I would not bother to contact HMRC. Firstly, the Data Protection Act would probably prevent HMRC from revealing any specifics and, secondly, even knowing the specifics won't enlighten you as to NESF's tax situation.