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09 September 2010 / Peter Vaines
Issue: 7432 / Categories: Features , Tax , Commercial
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Taxing matters

Peter Vaines examines the second coming of the Finance Act

The Emergency Budget turned quickly into a Finance Act and contained some helpful clarification about the new capital gains tax rules. It was interesting to note that the day before our Budget, Russia decided to scrap capital gains tax (CGT) as a measure intended to increase economic activity. Huh. Don’t they know that you increase economic activity by big increases in taxation.

There are some transitional provisions in respect of capital gains tax to deal with gains arising before and after Budget day. There was considerable uncertainty on Budget day about the meaning of gains “arising” because those arising before 23 June are taxable at 18% and those arising afterwards may be charged at the 28% rate.

A similar uncertainty existed relating to individuals taxed on the remittance basis where a gain was made on a disposal before Budget day but was not remitted until after Budget day. The new rule is that the date of remittance will determine whether the gains are treated

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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