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21 February 2008 / Judith Inghams
Issue: 7309 / Categories: Features , Public , Tax , Commercial
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A rush of blood to the head?

Changes to Capital Gains Tax for non-domiciliaries create as many anomalies as they remove, says Judith Ingham

For the second time in as many years, an innocent sounding heading in an HM Revenue & Customs (HMRC) note conceals an upheaval in the world of trusts taxation. On the first occasion, it was “alignment” in the 2006 Budget Notes which heralded fundamental changes to the inheritance tax treatment of trusts contained in the Finance Act 2006. This time, it was the label “anomalies” in the 9 October 2007 Pre Budget Report (PBR) which was the signpost to a revolution in the Capital Gains Tax (CGT) treatment of trusts made by non-domiciliaries. And, this time, there is a further sting in the tail—the draft clauses issued on 18 January 2008 (which it is proposed should be included in the Finance Bill 2008) went a lot further than the PBR implied. And, following significant lobbying since 18 January, we now have a raft of clarifications (some published in an HMRC letter of 12

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MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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