Chair of Revenue Law Committee
Chris Bates (Norton Rose Fulbright LLP) (Chairman)
CLLS RLC response to Tax Abuse and Insolvency Discussion Document
14/02/2018 - Consultation - “Taxing Gains made by non-residents on UK immovable property” - CLLS response
Revenue Law Committee's response to the HM Revenue & Customs and HM Treasury consultation document “Taxing Gains made by non-residents on UK immovable property” dated 22nd November 2017
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The consultation sought views on proposals to further strengthen Disclosure of Tax Avoidance Schemes (DOTAS) and initial thinking about how the VAT Disclosure Regime might be updated. The response looked at the issues of the financial products hallmark, impact on business, the dual purpose of DOTAS and good administration.
At Budget 2014 the government announced it would seek views on the Office of Tax Simplification’s (OTS) recommendation to introduce a new employee shareholding vehicle to make it easier for companies wishing to manage their employee share arrangements and create a market for employees’ shares. This discussion paper explored the case for change made by the OTS and the potential issues that the introduction of an employee shareholding vehicle would raise. The submission responded in detail to the specific consultation questions.
The consultation described a new power which will allow HMRC “to recover debts from the accounts of debtors”. The CLLS response raised two fundamental objections to the proposals: “the fact that it will be HMRC and not the Judiciary making decisions on the application of [Direct Recovery of Debts]; and “the real potential for mistakes to be made by HMRC and the adverse consequences that will have for taxpayers”.
The Consultation Paper related to proposals to require individuals and companies to pay the tax in dispute during an enquiry or appeal relating to tax avoidance. The Committee’s comments were restricted to the proposals for accelerated tax payments in follower and other cases.
The submission set out a number of detailed comments on the Bill, and stated generally that “Our principal concern is with the “Salaried Members” legislation. We believe that the tests are poorly drafted, leading to unsatisfactory (over-)reliance on (entirely non-binding) HMRC guidance. The guidance contained in the technical note is confused in a number of different areas, and needs to be dramatically improved.” It also expressed concern that “affected (or potentially affected) businesses have had insufficient time to prepare”, considering that the rules come into effect on 06 April 2014, and called for the rules to be deferred until 06 April 2015.
The submission made a number of detailed comments, and stated generally that “We have extremely grave concerns about there being tax provisions which treat one form of partnership very differently to other forms of partnership (as is the result of the LLP salaried member proposals) and over the way in which these measures are being implemented, which we think are contrary to the principle of legal certainty by which the UK sets so much store in measuring its international competitiveness. We think that as currently drawn the measures go too far, and would apply in circumstances which are not offensive when tested against the professed policy behind the changes.“
29/08/2013 - Response to HMRC consultation: Modernising the taxation of corporate debt and derivative contracts
The Committee recently responded to the HMRC consultation “Modernising the taxation of corporate debt and derivative contracts”. The consultation formed part of a Government review of the rules governing the taxation of corporate debt (loan relationships) and derivative contracts (with the aim of redesigning them to be simpler, clearer and more resistant to tax avoidance.” The Committee agreed with the appropriateness of undertaking a significant review of the loan relationships code and provided a number of detailed comments.
24/07/2013 - Response to HMRC consultation: A review of two aspects of the tax rules on partnerships
Response to HMRC consultation: A review of two aspects of the tax rules on partnerships
Response to HMRC Tax and Procurement Discussion Document and Draft Guidance 14th February 2013
Comments on the GAAR draft legislation and guidance
Response to Consultation on Implementing the UK/US FATCA Agreement
Response to HMRC consultation, Lifting the Lid on Tax Avoidance Schemes
Response to HMRC consultation, Foreign Currency Assets and Chargeable Gains
Response to HMRC consultation High-risk areas of the tax code: The Stamp Duty Land Tax transfer of rights or subsale rules
Response to HMRC 12 June 2012 General Anti-Abuse Rule (GAAR) Consultation document
Response to HMRC consultation on Taxation of Controlling Persons
Submission to Arlene McCarthy, MEP regarding European Commission’s Draft Regulation on Insider Dealing and Market Manipulation
Response to HMRC Consultation on Possible Changes to Income Tax Rules on Interest
Revenue Law Committee letter to David Gauke MP regarding retrospective legislation – debt bybacks
Comments on draft clauses of Finance Bill 2012 published 6 December 2011 relating to controlled foreign company reform and "Controlled Foreign Company (CFC) - an update" published in January 2012
Response to Consultation Document on Controlled Foreign Company Reform
Response to HMT consultation on the Patent Box
Response to HMRC consultation on High Risk Avoidance Schemes
Response to HMRC consultation document on Capital Allowances for Fixtures
Response to clarification of the meaning of "beneficial owner" in the OECD Model Tax Convention (comments on OECD Discussion Draft of 29 April 2011)
Comments on the Simplification Review: Capital Gains Rules for Groups of Companies
Comments on the Draft Tax Consultation Framework and Draft Protocol on Announcements Outside Scheduled Fiscal Events
Comments on Part 11A (Controlled Foreign Company (CFC) Reform) of the "Corporate Tax Reform: Delivering a More Competitive System" Document
Comments on the Draft Legislation for Finance Bill 2011 in relation to the Bank Levy
Comments on the Draft Legislation for Finance Bill 2011 in relation to Foreign Branches
Comments on the Draft Legislation for Finance Bill 2011 in relation to Disguised Remuneration
Comments on the Draft Legislation for Finance Bill 2011 in relation to Controlled Foreign Companies
Response to HMT/HMRC consultation on the modernisation of tax rules for investment trust companies
Response to HMT discussion document "Foreign Branch Taxation"
Response to HMT Document "Bank Levy: A Consultation"
Response to the HMT simplification review - capital gains rules for groups of companies
Proposals for Controlled Foreign Companies (CFC) Reform: Discussion Document
Response to HMRC Consultation re Disclosure of Tax Avoidance Schemes (DOTAS)
Response to HMRC re Treatment of Dividends Paid Following Reductions of Capital
Response to HMRC Consultation - A Code of Practice on Taxation for Banks
Response to HMRC Con Doc Simplifying Unallowable Purpose Tests
Response to HMRC Con Doc Simplifying Transactions in Securities Legislation
Simplification Review: Capital Gains Rules for Groups of Companies
Response to HMRC Consultation Document: "Modernising Powers, Deterrents and Safeguards: Working with Tax Agents"
Taxation of Companies Foreign Profits
Response to Finance Bill 2009: Taxation of the Foreign Profits of Companies: Debt Caps and International Movement of Capital Provisions
Response to HM Treasury Consultation Enhancing the Competitiveness of UK Funds
Response re HMRC Consultation: “Taxation of the Foreign Profits of Companies: Draft Provisions”
Response to HMRC Consultation: “Principles based approach to financial products avoidance”
Response to HMRC Consultation on Principles-based approach to financial products avoidance