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21 June 2007 / Gary Summers , Mark Howard , Susan Bradshaw
Issue: 7278 / Categories: Features , Tax
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The ticking time bomb (2)

The ever-changing HMRC landscape requires increased vigilance from financial professionals, say Gary Summers, Mark Howard and Susan Bradshaw

Contemporary UK law enforcement strategies—referred to in the first article of this two-part series (see NLJ, 11 May 2007, pp 660–61)—appear to have been based on previous initiatives by the Internal Revenue Service in the US. This is yet another example of the extra-territorial ambit of US statutory regulation since 9/11 which is fast becoming all-pervading.

Pasquantino

In the offshore arena, the decision of the US Supreme Court in Pasquantino v US (2005) 125 S Ct 1766 that a scheme to defraud a foreign government of tax revenue violates the US wire fraud statute providing there is a US link—despite the revenue rule, a common law doctrine prohibiting US courts from enforcing a foreign state’s domestic tax infrastructure—is highly significant. Such a link could be established if the transaction was in US dollars. Frequent worldwide travellers will appreciate the ambit of this decision, which makes the prosecution of a foreign

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MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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