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19 June 2008 / Peter Vaines
Issue: 7326 / Categories: Features , Tax , Profession
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Taxing matters

TAX CLEARANCES
IHT: BUSINESS PROPERTY RELIEF
PAYMENTS OUT OF SIPPS

TAX CLEARANCES

HM Revenue & Customs (the Revenue) has announced a non statutory clearance service, the purpose being to provide certainty for businesses operating in the UK regarding tax issues. The press release explains that the guidance is for the use of businesses only. Non business taxpayers remain subject to Code of Practice 10 where technical enquiries will be dealt with only if they arise from the last four Finance Acts.

This is an amazingly helpful and welcome development. It contrasts starkly with its earlier stance that under self assessment the responsibility is on the taxpayer to get everything right and the Revenue has no obligation to provide confirmation or any other guidance regarding the accuracy of a particular tax treatment—unless it falls within the extremely small number of cases where a statutory clearance procedure exists.

The Revenue will now provide written confirmation of its view on the application of tax law to a specific transaction or event and aim to do so within

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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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