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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

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
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
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’ 
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