header-logo header-logo

21 February 2008 / Judith Inghams
Issue: 7309 / Categories: Features , Public , Tax , Commercial
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll