Private Client monthly highlights—September 2017

Published on: 29 September 2017

Published by: LexisPSL

Private Client monthly highlights—September 2017
In this issue:
Second Finance Bill 2017
Government publishes Finance Bill 2017–19
Finance Bill 2018
Government publishes draft clauses for Finance Bill 2018
Trusts
High Court’s rectification of deeds decision consistent with other recent decisions
Trusts registration service (TRS) deadline extended until 5 December 2017
ECJ rules against UK on trust exit charge

More...

Powers of attorney and advance decisions
Insufficient safeguards in the existing lasting power of attorney (LPA)
Court of Protection
Breaches of fiduciary when it comes to individuals lacking capacity
B v D (by his litigation friend, the Official Solicitor) and another
Article 8 and the lack of capacity to consent to sexual relations
Court of Protection transparency, case management and section 49 pilot schemes extended
Charities
Law Commission proposes technical reforms to charity law
Legislation introduced to enable conversion to CIOs
Charities and VAT
Spouses, civil partners and co-habitees
Applying the sharing principle to non-matrimonial property (Hart v Hart)
UK IHT, CGT and income tax
Shares without dividend rights are ordinary share capital
When is a business not an investment business?
HMRC updates CGT Manual for investors’ relief
Making tax digital: Draft Income and Corporation Taxes (Electronic Communications) (Amendment) Regulations
CGT: forced sale of home did not disallow principal residence relief
IHT: Business property relief for artist’s studio
Other UK taxes and tax issues
SDLT
FTT finds reasonable excuse for late filing of NRCGT return (R McGreevy v HMRC)
Anti-avoidance and tax evasion
Employment tax avoidance scheme was notifiable under DOTAS
Shifting approach to company residence
Guidance—New corporate offence of failure to prevent criminal facilitation of tax evasion
Law Society issues draft MLR guidance
GAAR
MiFID II and the legal entity identifier
HMRC launches investigation of footballers for offshore avoidance using image rights
Scotland, Wales and Northern Ireland
Scottish government programme for 2017/18
International: anti-avoidance and offshore tax evasion
First 49 automatic CRS exchanges scheduled to start in September 2017
HMRC opens Worldwide Disclosure Facility
Additional Private Client updates this month
Brexit: policy paper for cross-border framework—an EU perspective
Guidance for lawyers conducting litigation with litigants in person
SRA warns solicitors to comply with PCRT or risk sanctions
Court decision is warning to sellers and buyers in all transactions (Djurberg (t/a Hampton Riviera) v Small)
Daily and weekly news alerts
New and updated content
Lexis®PSL Wills precedents—updated drafting notes
Cross-border planning—new practice notes
Other new and updated material
Dates for your diary
Trackers
Latest Q&As
Useful information

Article summary

This month’s edition of Private Client highlights includes the second Finance Bill 2017 and Finance Bill 2018; the ECJ ruling that the UK’s trust migration charge breaches EU rules on freedom of establishment; insufficient safeguards for LPAs; the FTT’s finding in R v McGreevy v HMRC, of reasonable excuse for the late filing of a NRCGT tax return, and the need to obtain a legal entity identifier (LEI). Sign in or take a trial to read the full analysis.