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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

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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