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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 as arising before or after 23 June. Just to make

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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