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16 February 2022
Issue: 7967 / Categories: Legal News , Tax , Profession
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A taxing burden

The Law Society has raised objections to an HMRC consultation on draft regulations for mandatory disclosure rules

The draft regulations, which HMRC envisages coming into force in the summer, would replace DAC 6 and require disclosure of certain common reporting standard avoidance arrangements and opaque offshore structures, in line with the Organisation for Economic Cooperation and Development’s ‘Model Mandatory Disclosure Rules’. 

The Law Society points out that solicitors would be required to report pre-existing arrangements dating back to 2014, carrying out internal due diligence and file reviews going back eight years. This would apply even where law firms have recently carried out similar reviews back to 2018 to comply with DAC 6.

In its response, the Law Society stated: ‘This further backward-looking review would be costly and practically difficult, and we question whether it is necessary and proportionate.’

Its other objections relate to the design of the rules and how these interact with legal professional privilege.

Issue: 7967 / Categories: Legal News , Tax , Profession
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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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