And there shall be a Scottish tax system

A big day in the journey towards a Scottish tax system.

Today the Scottish Parliament has two more economic levers, the Land and Buildings Transaction Tax (LBTT) and the Scottish Landfill Tax (SLfT).  Up till today the Scottish Parliament only has control of two minor taxes; council tax and business rates. The revenue from each of these taxes is approximately £2bn.  The revenue from LBTT will be approximately £300m and SLfT £100m.

The Scottish Government has also shown that it wishes to do things differently. The Scottish Government decided to not use HMRC to administer the new Scottish taxes and instead has adopted the innovative approach of using two existing Scottish public bodies to collect these new taxes. An idea first proposed by myself in 2005. That means that whilst Revenue Scotland will be the collection authority accountable to the Scottish Parliament, some powers will be delegated to the Registers of Scotland and the Scottish Environmental Protection Agency. The importance of the creation of Revenue Scotland should not be underestimated.

I wrote an article for the Journal of the Law Society of Scotland predicting much of this almost ten years ago.  This article an be found here.

Further evidence of how things are going to be done differently here in Scotland is a ‘General Anti-Avoidance Rule’ (GAAR) that is stronger than the UK version. The Scottish GAAR goes further than its UK counterpart as it targets artificial, not merely abusive schemes as with UK GARR.

Recent announcements from the Scottish Government on corporation tax, air passenger duty, reform of council tax and the re-introduction of the 50p rate of income tax also, I suspect, show that this is just the beginning.

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The second edition of ‘Private Client Scotland’ is now available

The second edition of Private Client Scotland is now available.  The ‘preview edition’ published in November 2014 can be found here.  

“In this edition there are articles on the Scottish Government’s proposal to reform our law of succession and an update and hopefully some closure on the validity or otherwise of continuing Powers of Attorney made in the standard form recommended by OPG (Scotland). Included in ‘Case reviews’ is the decision of Sheriff Hammond that a relationship of approximately 13 months qualifies as ‘cohabitation’ for the purposes of section 25 of the Family Law (Scotland) Act 2006. ‘Professional updates’ include a link to HMRC’s December ‘Trusts and Estates newsletter’ and confirmation of a new and designated guardianship court sitting in Edinburgh. Lastly the ‘News items’ section includes stories that range from a new Cabinet Secretary for Justice to an unexpected tax bill for Boris Johnson.”

If you would like to subscribe to Private Client Scotland please email me at james@legalknowledgescotland.com

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Updated Practice Notes – Introduction to the Annual Tax on Enveloped Dwellings and Introduction to CGT: Principal Private Residence relief

These new Practice Notes can be found in the ‘Know How’ section of the website.

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New Practice Note – ‘Introduction to new Scottish taxes and tax powers’

This new Practice Note can be found in the ‘Know How’ section of the website.

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The second edition of ‘Private Client Scotland’ is now available

The second edition of Private Client Scotland is now available.  The ‘preview edition’ published in November 2014 can be found here

“In this edition there are articles on the Scottish Government’s proposal to reform our law of succession and an update and hopefully some closure on the validity or otherwise of continuing Powers of Attorney made in the standard form recommended by OPG (Scotland). Included in ‘Case reviews’ is the decision of Sheriff Hammond that a relationship of approximately 13 months qualifies as ‘cohabitation’ for the purposes of section 25 of the Family Law (Scotland) Act 2006. ‘Professional updates’ include a link to HMRC’s December ‘Trusts and Estates newsletter’ and confirmation of a new and designated guardianship court sitting in Edinburgh. Lastly the ‘News items’ section includes stories that range from a new Cabinet Secretary for Justice to an unexpected tax bill for Boris Johnson.”

If you would like to subscribe to Private Client Scotland please email me at james@legalknowledgescotland.com

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Practice Notes updated

The following Practice Notes have been updated:

  • Introduction to Inheritance Tax planning
  • Introduction to Trusts
  • Introduction to Aggregates Levy
  • Introduction to UK Landfill Tax
  • Introduction to VAT ‘Transfer of a Going Concern’
  • Introduction to VAT ‘Opting to Tax’

These can be found in the ‘Know How’ section of our website.

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The second edition of ‘Private Client Scotland’ is now available

The second edition of Private Client Scotland is now available.

“In this edition there are articles on the Scottish Government’s proposal to reform our law of succession and an update and hopefully some closure on the validity or otherwise of continuing Powers of Attorney made in the standard form recommended by OPG (Scotland). Included in ‘Case reviews’ is the decision of Sheriff Hammond that a relationship of approximately 13 months qualifies as ‘cohabitation’ for the purposes of section 25 of the Family Law (Scotland) Act 2006. ‘Professional updates’ include a link to HMRC’s December ‘Trusts and Estates newsletter’ and confirmation of a new and designated guardianship court sitting in Edinburgh. Lastly the ‘News items’ section includes stories that range from a new Cabinet Secretary for Justice to an unexpected tax bill for Boris Johnson.”

If you would like to subscribe to Private Client Scotland please email me at james@leglknowledgescotland.com 

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Second edition of ‘Private Client Scotland’ available Monday 9 February

If you would like to subscribe to Private Client Scotland please email me at james@leglknowledgescotland.com 

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The second issue of ‘Private Client Scotland’ will be published during the first week of February

If you would like to subscribe to Private Client Scotland please email me at james@leglknowledgescotland.com 

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