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11 July 2019 / David Hannah
Issue: 7842 / Categories: Features , Tax , Property
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Tax and conveyancing, time for a divorce?

Solicitors are an undeniably crucial component of the conveyancing process. Without them, existing and aspiring property owners would be at a loss. 

As well as facilitating the core legal dialogue between vendors and purchasers, it has long been the norm for solicitors to advise on the correct level of Stamp Duty Land Tax (SDLT) payable to HMRC in England Wales and Northern Ireland, Land Transaction Tax (LTT) in Wales or Land and Buildings Transaction Tax (LBTT) to Revenue Scotland, north of the tax border.

However, owing to the ever increasing complexity of the tax that requires a complete knowledge of not only the property but also its use, the clients’ other properties and business affairs and, in some cases, the vendors–conveyancing practitioners are, quite understandably, getting these calculations wrong. The opaque and often misleading HMRC online calculator and the less than completely helpful SDLT Helpline mean that non-tax specialists are increasingly being called upon to make a “judgement call” on Land Tax matters that are beyond their experience and

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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