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This issue of the Rudge Revenue Review examines the Upper Tribunal’s decision in HMRC v. Lee in which the previous decision of the FtT was confirmed in a judgment which includes a comprehensive consideration, and rejection, of HMRC’s arguments in…

The CGT consequences of typical transactions in respect of flat management companies can produce an unwelcome surprise

In this Issue we consider the case of A Taxpayer v. HMRC which is the first case on the provisions of the Statutory Residence Test which was enacted over nine years ago in the Finance Act 2013 s.218 and Sch…

Such is the complexity of our tax system that it is unfortunately common for arrangements widely implemented by large numbers of taxpayers not to have the fiscal effects which they are thought to have. In this Issue we examine the…

It must, surely, not be uncommon for buyers of residential properties substantially to reconstruct them or to demolish the existing building and to build a replacement residence. Yet the application of Main Residence Relief in these circumstances is beset by…

How does CGT main residence relief apply where a house has been demolished and a new house built?

In three recent cases on the CGT treatment of lost deposits, Hardy, Lloyd-Webber and Drake, HMRC, in order to maximise its revenue, attempted to exploit, successfully in two of the cases, the failure of the relevant CGT legislation to reflect…

The cases of Hardy, Lloyd-Webber and Drake reveal the asymmetric CGT effects of forfeited deposits and a more fundamental and long-stranding defect in the CGT legislation.

Simon and Sharon have been the authors of this well-known work since 1997. The book explains the factors to be considered when devising an estate planning strategy. It contains practical IHT planning suggestions whilst drawing the reader’s attention to many…

In the case of Tooth HMRC advanced an argument about the meaning of ‘deliberately’ in the discovery provisions of TMA 1970 s. 29 which was a brazen attempt to subvert the purpose of the provisions. Fortunately it was unsuccessful.

The case of Boston Khan v. HMRC [2021] calls into question the Courts’ even-handedness in applying basic principles of statutory construction where their effect is beneficial to the taxpayer.

This article examines the elements of the exceptional circumstances 60 day exception and in particular, its application in the COVID-19 pandemic. A case study highlights the deficiencies of the exception.

This issue examines the elements of the exceptional circumstances exception and in particular, its application in the COVID-19 pandemic. A case study demonstrates that the exception is of limited practical use.

This conference focuses on the effect of Covid-19 on the SRT and in particular on the application of the exceptional circumstances exception.

In this issue HMRC’s administrative powers in relation to inheritance tax are considered. The Inland Revenue Charge is discussed in detail.

This short article considers the 30-day reporting requirement for all direct disposals of UK land from the perspective of both the taxpayer himself and of the solicitor acting for him.

This article illustrates the application of the different elements of the statutory residence test by reference to the circumstances of Prince Harry. It includes a discussion of the split year rules and the difficulties of determining a ‘departure date’.

This is a short article about HMRC’s administrative powers to recover inheritance tax, highlighting that there is no time limit on HMRC’s powers to issue a notice of determination to recover unpaid IHT.

This article discusses HMRC’s administrative powers in relation to inheritance tax including the Inland Revenue Charge imposed by IHTA 1984 s.237. It highlights the fact that there is no time limit on HMRC’s powers to issue a notice of determination…

This issue examines the effects of the proposed transposition of the Fifth Anti-Money Laundering Directive (5MLD) into UK law. It concludes that the proposed legislation will impose administrative burdens far greater than is necessary on a wide range of UK…

This article examines the effects of the proposed transposition of the Fifth Anti Money Laundering Directive (5MLD) into UK law and the administrative burdens that it will place on a wide range of UK trusts.

This issue discusses the importance to a taxpayer of making a detailed disclosure with his tax return to HMRC as to his residence and domicile status.

This article examines the importance for a taxpayer of making a detailed disclosure with his tax return to HMRC as to his residence and domicile in view of the increasing number of HMRC enquiries into such matters.

An article based on an actual case on which we advised involving a typical offshore trust and company structure into which HMRC raised an enquiry alleging a deliberate omission by the taxpayer and requested extensive information. A successful review under…

This conference focuses on intra-UK residence and in particular the effects for Scottish and Welsh taxpayers.

This issue analyses the professional conduct rules relating to taxation and their effect on members of the CIOT.

The main subject of this conference is domicile including the recently domiciled, long-term resident and formerly domiciled rules.

This conference concerns the problem areas of the SRT highlighted by various case studies.

This article examines the practical importance of the definitions of Scottish and Welsh taxpayers and their interaction with each other and with the Statutory Residence Test.

This article considers the intra-UK residence rules and the interaction of the definitions of Scottish and Welsh taxpayers.

This is the second of two articles which examines the decision of the Upper Tribunal in Project Blue Ltd v HMRC. It considers the argument presented by the taxpayer that HMRC could not amend the land transaction return that was…

This issue examines the practical importance of the statutory definitions of Scottish and Welsh taxpayers and their interaction with each other and with the Statutory Residence Test.

This is the first of two articles which examines the decisions of the First tier Tax Tribunal and the Upper Tribunal in Project Blue Ltd v HMRC. This case involved the construction of the SDLT anti-avoidance provisions found in FA…

This article discusses the decision in Project Blue Ltd v HMRC and the application of the anti-avoidance provisions to multiple steps of various land transactions.

This issue examines the decisions of the First tier Tax Tribunal and the Upper Tribunal in Project Blue Ltd v HMRC. This case involved the construction of the SDLT anti-avoidance provisions found in FA 2003 ss.74A-75C.

The split year rules, temporary non-residence and treaty non-residence under the SRT are the subjects of this conference.

This lecture examines the decisions of the First tier Tax Tribunal and the Upper Tribunal in Project Blue Ltd v HMRC. This case involved the construction of the SDLT anti-avoidance provisions found in FA 2003 ss.74A-75C.

This conference examines the practical importance of the definitions of Scottish and Welsh taxpayers and their interaction with each other and with the Statutory Residence Test.

The intra-UK residence rules and the interaction of the definitions of Scottish and Welsh taxpayers are the subject matter of this conference.

This conference illustrates the application of the split year rules to a particular set of facts and the tax liabilities which resulted.

This lecture examines recent tax cases which are examples of ‘abusive tax collection’ by HMRC and which highlight HMRC’s unconscionable behaviour towards taxpayers.

This conference highlights difficulties with the application of the split year rules under the SRT.

An article by Simon M^cKie which discusses the ‘tax gap’ and the reasons for considering it likely that HMRC’s estimate of it is overstated.

A commentary by Simon M^cKie on the Autumn Budget 2014 from a client perspective.

In this issue the ‘tax gap’ calculated by HMRC is considered and the conclusion is drawn that it is likely that HMRC’s estimate of it is overstated.

A One Minute with Simon M^cKie which was published in the Tax Journal.

This short article discusses HMRC’s change in its guidance following the CIOT’s representations based on the example in Simon M^cKie’s article Fair Administration?

This article considers HMRC’s restriction of relief given by Extra-statutory concession D33 for gains arising on the disposal of certain rights to take Court action

Comment by Simon M^cKie concerning the press release issued by HMRC after its victory in the Bristol & West plc v HMRC case.

This issue examines the decisions of the First tier Tax Tribunal and the Upper Tribunal in Bristol & West plc v HMRC and considers HMRC’s subsequent press release.

This issue considers HMRC’s restriction of the relief given by Extra-statutory concession D33 for gains arising on the disposal of certain rights to take Court action.

This article contains a brief outline of the Statutory Residence Test.

A review of two books written on the subject of the Statutory Residence Test.

This issue discusses the valuation for Inheritance Tax purposes of an interest in a joint bank account on death and includes an exchange of correspondence with Michael Firth.

This lecture concentrates on the anomalies of the Statutory Residence Test.

This conference examines the concepts contained in the Statutory Residence Test.

This lecture focuses on the effect of life events on the operation of the Statutory Residence Test.

This conference considers the importance for a taxpayer of making a detailed disclosure with his tax return to HMRC as to his residence and domicile.

This book written by Sharon and Simon is a detailed analysis of the operation of the SRT. It explains the statutory concepts and their application in determining residence highlighting the technical uncertainties of the test illustrating its points with many…

This article outlines the structure of the Statutory Residence Test introduced by FA 2013.

A review of two well-known practitioner texts in the field of private client taxation.

This article contains a detailed analysis of the Supreme Court’s decision in Futter v HMRC; Pitt & Holt v HMRC and its review of the Hastings-Bass principle.

This issue examines in detail the Supreme Court’s decision in Futter v HMRC; Pitt & Holt v HMRC and its review of the Hastings-Bass principle.

This article outlines the Statutory Residence Test provisions of the Finance Bill 2013.

This article considers the review of the Hastings-Bass principle by the Supreme Court in Futter v HMRC; Pitt & Holt v HMRC.

This article examines the scope of FA 2003 s. 75A and whether it could apply to transactions entered into with no tax avoidance purpose.

This article discusses the Statutory Residence Test provisions contained in the draft Finance Bill and explains that, compared to the Government’s earlier proposals they had became longer and more complex but ambiguities remained remain.

An article which considers the Statutory Residence Test as proposed in the draft Finance Bill and the pitfalls which it contains.

This article provides a detailed analysis of the Statutory Residence Test as set out in the Finance Bill and explains that the Government had failed to create a simple and unambiguous test.

This article examines the draft anti-abuse rule (the ‘GAAR’) published in a Consultation Document and its implications for tax advisers

The anomalies of the Statutory Residence Test are discussed in this conference.

This conference highlights the key concepts contained in the Statutory Residence Test.

The SRT is examined in detail in this lecture.

The key concepts of the Statutory Residence Test are examined in detail in this conference.

This conference provides an overview of the Statutory Residence Test.

This issue contains a detailed analysis of the Statutory Residence Test and also considers the unexpected result of the application of FA 2003 s. 75A to an actual client situation.

This article considers whether the proposed SRT would fulfil its purpose and highlights various anomalies.

In this article the application of the draft SRT is considered by way of a case study. This concludes that the proposed legislation is neither clear or unambiguous.

This is a book review of a practitioner’s text on the subject of tax avoidance.

In this article the application of the provisions of IHTA 1984 ss. 74A-74C are considered as they apply to excluded property trusts and non-domiciled settlors.

In this issue the application of the draft SRT legislation is illustrated by way of a case study.

In this article the proposed SRT is critically examined to determine whether it is ‘transparent, objective and simple to use’.

This article considers by way of a case study the proposed anti-avoidance legislation now found in IHTA 1984 ss. 74A-74C where interests in settled property in offshore trusts are acquired.

This issue discusses the proposed anti-avoidance legislation now found in IHTA 1984 ss. 74A-74C and considers whether ‘tax avoidance is ethical’.

This article examines the application of the proposed general anti-abuse rule to the availability of main residence relief and the incorporation of a business to reduce a tax liability.

This article considers the grandfathering provisions found in the Inheritance Tax DOTAS rules and HMRC’s guidance on them.

A consideration by Simon M^cKie on whether tax avoidance is wrong.

In this article the proposed GAAR is examined to determine whether its application is to abusive transactions only or to a wider ranging set of transactions.

In this issue the application of the proposed general anti-abuse rule to two difference situations is examined

This lecture outlines the structure of the Statutory Residence Test introduced by FA 2013.

In this lecture the application of the Disclosure of Tax Avoidance Schemes legislation to Inheritance Tax is discussed.

This issue discusses the use of LLPs as a structure for carrying on ordinary business enterprises and the complexity of asset valuations for Inheritance Tax purposes.

In this article the application of the Disclosure of Tax Avoidance Schemes legislation to Inheritance Tax is discussed.

This article examines the application of the DOTAS legislation to various Inheritance Tax planning transactions.

This article considers the background to the extension of the DOTAS rules to IHT and its implications for taxpayers and advisers alike.

In this issue the application of the DOTAS legislation to various Inheritance Tax planning transactions is considered.

In this article HMRC’s review process under TMA 1970 Part V is examined and the protection that it offers to taxpayers evaluated.

This article contains a detailed analysis of the valuation of various types of life insurance policies used in the mitigation of inheritance tax.

This is a review of an essential work on tax appeals.

This review considers HMRC’s review process, the valuation of life insurance policies and the effects of the failure of tax planning schemes.

This article examines the effects of the failure of tax planning schemes for both taxpayers and their advisers.

In this article an anomaly in respect of settlements creating interests in possession for a settlor and, or, his spouse when the property vests is examined taking into account IHTA 1984 ss. 49, 80 and 82.

This lecture examines the application of the DOTAS legislation to various Inheritance Tax planning transactions.

This conference explores the principles of valuation for Inheritance Tax purposes and the anomalies they create.

This article concerns HMRC’s published warnings about phishing emails and its conflicting actual practice.

This issue contains a ‘mixed bag’ of items including articles on HMRC’s warning on phishing emails, HMRCs’ consultation process, the Government’s u-turn on increasing cider duty and the use of trusts to make gifts of assets.

This article considers HMRC’s consultation process and its use of guidance to correct defective legislation.

This article examines the use of settlements to make effective gifts of assets whilst retaining control of those assets.

In this article the decision by the Government in respect of a proposal to increase the rate of duty on cider is discussed.

This is a comprehensive review of this well-known Inheritance Tax reference work.

This is a short review of this well-known reference work.

In this article the role of a tax expert in professional negligence litigation is examined.

This article identifies a tax trap for trusts with an initial interest in possession for the settlor.

This lecture considers IHT planning with the family home and other assets as well as the CGT effects of such planning.

Written by Simon this book is an introduction to anyone wanting to make cider, a hobby of Simon’s. It explains the processes, practicalities and delights of craft cider making.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this Review because it was published before 1st January 2010.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this Review because it was published before 1st January 2010.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this lecture because it was given before 1st January 2010.

We do not provide the text of this Review because it was published before 1st January 2010.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this Review because it was published before 1st January 2010.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this Review because it was published before 1st January 2010.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this Review because it was published before 1st January 2010.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this lecture because it was given before 1st January 2010.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this Review because it was published before 1st January 2010.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this Review because it was published before 1st January 2010.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this Review because it was published before 1st January 2010.

We do not provide the text of this lecture because it was given before 1st January 2010.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this Review because it was published before 1st January 2010.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this lecture because it was given before 1st January 2010.

We do not provide the text of this Review because it was published before 1st January 2010.

We do not provide the text of this lecture because it was given before 1st January 2010.

We do not provide the text of this Review because it was published before 1st January 2010.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this Review because it was published before 1st January 2010.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this Review because it was published before 1st January 2010.

We do not provide the text of this lecture because it was given before 1st January 2010.

We do not provide the text of this Review because it was published before 1st January 2010.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this lecture because it was given before 1st January 2010.

This book and its subsequent editions written jointly by Sharon and Matthew Hutton explains the operation of SDLT introduced in FA 2003. Multiple examples are used to illustrate its operation, planning opportunities and risks.

We do not provide the text of this Review because it was published before 1st January 2010.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this Review because it was published before 1st January 2010.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this Review because it was published before 1st January 2010.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this Review because it was published before 1st January 2010.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this Review because it was published before 1st January 2010.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this lecture because it was given before 1st January 2010.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this lecture because it was given before 1st January 2010.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this lecture because it was given before 1st January 2010.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this lecture because it was given before 1st January 2010.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this lecture because it was given before 1st January 2010.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this lecture because it was given before 1st January 2010.

Written jointly by Simon and Andrew Goldstone this book scrutinises in detail the reinvestment relief provisions. Through examples it highlights pitfalls, planning opportunities and the interaction of the relief with other tax reliefs.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this lecture because it was given before 1st January 2010.

Four editions of this manual were written and updated by Simon and various others. It explains the operation, tax treatment, advantages and disadvantages of generic investment, life assurance and pension products.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this lecture because it was given before 1st January 2010.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this lecture because it was given before 1st January 2010.

We do not provide the text of this article because it was published before 1st January 2010.

This book provides a detailed analysis of roll-over relief on reinvestment using many examples to illustrate the practical and technical difficulties of the relief.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this lecture because it was given before 1st January 2010.

In this book the CGT implications of non-resident trusts is examined in great detail and highlights the complexities of the application of the legislation.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this lecture because it was given before 1st January 2010.

We do not provide the text of this article because it was published before 1st January 2010.

We do not provide the text of this lecture because it was given before 1st January 2010.

This guide written jointly by Simon and Adrian Baird explains the introduction of independent taxation for spouses and its effects.

We do not provide the text of this lecture because it was given before 1st January 2010.

This book was written jointly by Simon and Adrian Baird and discussed the significant CGT changes introduced in 1998.

We do not provide the text of this lecture because it was given before 1st January 2010.