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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 28 days. This will apply across all business taxes where

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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