Law Society of Scotland
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Tax Law

This consultation covers reliefs for losses incurred in a trade, profession or vocation, a property business or in employment that are relievable against general income or capital gains either of the same tax year or another tax year. The aim is to explore ways of ensuring that genuine business losses and employment losses are relieved while effectively deterring taxpayers from entering into tax avoidance arrangements intended to exploit these loss reliefs.

High risk areas of the tax code: Relief for income tax losses

This consultation covers reliefs for losses incurred in a trade, profession or vocation, a property business or in employment that are relievable against general income or capital gains either of the same tax year or another tax year. The aim is to explore ways of ensuring that genuine business losses and employment losses are relieved while effectively deterring taxpayers from entering into tax avoidance arrangements intended to exploit these loss reliefs.

Establishing the future relationship between the tax agent community and HMRC

This consultation focuses on the practical implementation of HM Revenue & Customs' (HMRC's) strategy for engaging with tax agents in the future, focusing in particular on the relationship with paid, professional tax agents.

Tax-advantaged venture capital schemes: a consultation

The aim of this consultation is to gather views and evidence from stakeholders on a new scheme for seed investment the Business Angel Seed Investment Scheme (BASIS)and on a number of reform options to improve the effectiveness of the EIS and VCTs.

Statutory definition of tax residence

This consultation proposes new statutory rules to define tax residence and seeks views on their design and implementation. The tax residence of the vast majority of individuals will not be affected by the introduction of the new statutory definition. As part of this consultation, the Government is also seeking views on options to reform the concept of ordinary residence, which currently lacks a statutory definition.

This consultation will only cover the issue of tax residence in the UK for individuals and will not cover the residence of companies.

A new incentive for charitable legacies

Budget 2011 announced that the Government will introduce a lower rate of inheritance tax (IHT) where people leave a charitable legacy of 10% or more of their estate when they die. The 10% charitable legacy will be based on the value of the estate after deducting IHT reliefs and exemptions. This change is expected to apply for deaths on or after 6 April 2012.

This consultation will inform aspects of the policy detail that have not yet been decided and how HM Revenue & Customs (HMRC) can best implement the policy.

Calman Commission and the Scotland Bill

HM Revenue & Customs has established a charities tax technical sub-group to consider the impact on charities of the Calman Commission's proposals in the context of the Scotland Bill. The Law Society of Scotland is represented on the sub-group by Gavin McEwan, a Partner and Deputy Head of Turcan Connell's Charities Legal Team.

The sub-group is particularly keen to canvass the opinion of Law Society of Scotland members on three specific questions in relation to the Scotland Bill tax provisions. A briefing paper which summarises the tax proposals and sets out the questions for consideration can be accessed below. The sub-group would be glad to receive comments from practitioners working in charity law. There is, however, only a short time to contribute comments. If you have particular comments which you would like to contribute, you may do so - preferably by email - to Katie Hay or directly to Gavin McEwan by no later than 25th March 2011.