Taxation in Scotland

We are incrementally developing a new set of content on Scottish private client law for Scottish practitioners. The content will provide an essential resource for Scottish practitioners, as well as practitioners in England and Wales with clients who need advice on cross-border issues.

The experts and market standard

The scope and content of the Taxation—Scotland sub-topic is being developed in collaboration with leading experts in Scottish private client practice, including:

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Dale Ross of Blackadders
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David Cobbof AM Advocates
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Dorothy Kellas of Gilson Gray LLP
•
Gavin McEwan of Turcan

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Latest Private Client News

Private Client weekly highlights—12 June 2025

This week’s edition of Private Client highlights includes: (1) analysis of the Law Commission’s report on modernising the law on Wills: (2) ATN v BTN, in which the High Court ruled that a 17-year-old transgender girl possesses capacity for HRT; (3) call for evidence on the tax treatment of carried interest—government response and policy update; (4) Governors of the Free Grammar School of John Lyon v Attorney General, which concerned the amending of objects of a Royal Charter charity; (5) Rogers v Wills, in which a daughter won her claim against her parent’s estate for reimbursement of the value of care provided to the parent; (6) the Government unveils landmark pension reforms in its Pension Schemes Bill; (7) analysis of Moran v Revenue and Customs Commissioners, a decision about the transfer of assets abroad benefits charge, and (8) Spending Review 2025.

Prepare now for new automatic disqualification criteria coming 31 August 2025

The Scottish Charity Regulator (OSCR) has published guidance on the new automatic disqualification rules, which will come into force on 31 August 2025 under the Charities (Regulation and Administration) (Scotland) Act 2023. The changes extend disqualification criteria beyond trustees to include senior management roles, and they introduce new grounds for disqualification, such as terrorism-related offences and inclusion on the sex offenders register. OSCR will begin accepting waiver applications from 30 June 2025, prioritising individuals already occupying affected positions prior to the implementation date. These rules complement the existing restrictions on undischarged bankrupts and on those with protected trust deeds.

Modernising Wills—final report recommendations to modernise Wills law to promote testamentary freedom

Private Client analysis: On 16 May 2025, the Law Commission published its final report, Modernising Wills Law. Written by Matthew Duncan, partner and head of Private Wealth at Druces LLP.

Call for evidence on the tax treatment of carried interest – Government response and policy update

HM Treasury has published a Government response and policy update regarding the tax treatment of carried interest following a call for evidence. This update details the implementation of a revised tax regime, which will bring all carried interest within the income tax framework from April 2026.