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NEWS
The Welsh Government has launched a consultation on proposals to require automatic fire suppression systems in care homes for children, which will ‘rationalise the legislative provision’ and bring care homes in line with other types of buildings with those requirements. Believing that the current system has led to confusion, the Welsh Government proposes that care homes for children be included within regulation 37A of the Building Regulations 2010, which are responsible for ensuring buildings meet certain standards of safety. The consultation closes on 4 January 2021.
PRACTICE NOTES
Land transaction tax (LTT) replaced stamp duty land tax (SDLT) in Wales with effect from 1 April 2018. This Practice Note highlights the administrative and compliance issues in relation to LTT including: • filing returns and payment • managing and collection of LTT by the Welsh Revenue Authority (WRA) • amendment and correction of returns • enquiries • assessments • penalties Where relevant, comparisons between LTT and SDLT are highlighted. The Practice Note expands on the basics of LTT set out in the Practice Note: Wales: Land transaction tax (LTT)—the basics. Provision for LTT is contained in the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (LTTADT(W)A 2017). Statutory references are to the LTTADT(W)A 2017 unless stated otherwise. Administration LTT is administered by the WRA. The WRA is a non-ministerial department of Welsh Government with its own board and staff. The WRA is headquartered in Merthyr Tydfil. LTT returns When a notifiable land transaction has been entered into, a LTT return must be submitted
PRACTICE NOTES
Land transaction tax (LTT) replaced stamp duty land tax (SDLT) in Wales with effect from 1 April 2018. This Practice Note examines how LTT is calculated, the meaning of chargeable consideration for LTT purposes and the rates. Where relevant, comparisons between LTT and SDLT are highlighted. The Practice Note expands on the basics of LTT set out in the Practice Note: Wales: Land transaction tax (LTT)—the basics. LTT is set out in the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (LTTADT(W)A 2017). Statutory references are to the LTTADT(W)A 2017 unless stated otherwise. How is LTT calculated? LTT is charged on the acquisition and disposal of an interest in freehold or leasehold land. LTT is charged on not just the purchase of freehold land or on the grant of a lease (which would be the creation of an interest) but also on the release of an interest, such as the release of a restrictive covenant or on the variation of an interest, such as a variation
PRACTICE NOTES
Land transaction tax (LTT) replaced stamp duty land tax (SDLT) in Wales with effect from 1 April 2018. This Practice Note summarises how LTT applies to particular transactions where the LTT treatment is different from SDLT, including: • residential leases • mixed use claims—garden and grounds • leases held over after their contractual termination date • multiple dwellings relief (MDR) • cross border transactions including cross title properties • anti-avoidance and the LTT targeted anti-avoidance rule (TAAR) and the general anti-avoidance rule (GAAR) • property authorised investment funds (PAIFs) and co-ownership authorised contractual schemes (CoACS) • partnerships, and • Brexit Where relevant, comparisons between LTT and SDLT are highlighted. This Practice Note expands on the basics of LTT set out in the Practice Note: Wales: Land transaction tax (LTT)—the basics. Provision for LTT is contained in the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (LTTADT(W)A 2017). Statutory references are to the LTTADT(W)A 2017 unless stated otherwise. Residential land There is a subtle but important difference
PRACTICE NOTES
FORTHCOMING CHANGE: The Welsh government is continuing to review the availability of multiple dwellings relief with an announcement expected in Spring 2025. This Practice Note provides an overview of land transaction tax (LTT) which replaced stamp duty land tax (SDLT) in Wales with effect from 1 April 2018. Three other Practice Notes focus in more detail on particular aspects of the tax: • Wales: Land transaction tax (LTT)—chargeable consideration and rates of LTT • Wales: Land transaction tax (LTT)—particular transactions and tax payers, and • Land transaction tax (LTT)—administration and compliance Background The Wales Act 2014 contains provisions for the disapplication of SDLT in Wales from 1 April 2018 and the ability for Welsh Government to introduce its own tax on transactions in land in Wales. Legislation for LTT is contained in the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (LTTADT(W)A 2017) which received Royal Assent on 24 May 2017. Legislation for the administration of taxes in Wales and the formation of the Welsh Revenue Authority
NEWS
Local Government analysis: The Court of Appeal gave guidance to the correct approach when interpreting legislation enacted in both English and Welsh versions. The usual principles of statutory interpretation should apply to both language versions equally. Where the meaning is alleged to differ, it is desirable for the court to have expertise in both languages unless a monolingual court can be confident it can decide the point following argument on the original languages. Expert evidence or translations will be inadequate—the court must engage directly with the language. Substantively, section 50 of the School Standards and Organisation (Wales) Act 2013/Deddf Safonau a Threfniadaeth Ysgolion (Cymru) 2013 (SSO(W)A 2013) requires that only closures of sixth form only schools be approved by the Welsh Ministers, rather than all schools with sixth forms. Further, the local authority had taken account of the need to provide Welsh-language teaching—the weight to give that factor was for the local authority. Written by Adam Heppinstall, barrister, at Henderson Chambers.
GLOSSARY
A code governing the way in which the managers of private equity investments are supposed to disclose information to pension fund investors and others.
GLOSSARY
A review of governance'>corporate governance in UK banks and other financial industry entities by an independent body chaired by Sir David Walker (26 November 2009).
PRACTICE NOTES
ARCHIVED–this archived case hub reflects the position at the date of the judgment of 18 August 2021; it is no longer maintained. See further, timeline, commentary andrelated cases. Case facts Outline CAT judgment on remitted collective proceedings order application by Mr Walter Merricks, who sought permission to act as the class representative to bring opt-out collective proceedings under section 47B of the Competition Act 1998. Latest development On 18 August 2021, the CAT issued its judgment in which the CAT decided that Mr Merricks should be authorised as the class representative under section 47B(8) of the Competition Act 1998 provided that a suitable undertaking as to liability for adverse costs is given by his litigation funder. Parties Appellants:• Mastercard Incorporated, Mastercard International Incorporated and Mastercard Europe S.P.R.L (together, Mastercard). Mastercard is the international payment organisation responsible for managing and coordinating the Mastercard and Maestro card payment systems which includes, amongst other things, establishing the rules for the system and providing participating financial institutions with authorisation and compensation services.
GLOSSARY
The absence of satisfactory evidence that the testator knew and approved of the contents of the will.
GLOSSARY
A charitable endowment.
NEWS
Arbitration analysis: In their article, Mahmoud Abuwasel, partner at Wasel & Wasel examine how, when Iraqi forces retreated from Kuwait in 1991, they left behind an unprecedented ecological catastrophe. Over 600 oil wells were set ablaze, and millions of barrels of crude oil were intentionally released into the Persian Gulf. The sky turned black, and coastal ecosystems were devastated. Beyond the profound human and structural toll of the conflict, the international community was faced with a novel legal dilemma: How do you quantify, litigate, and arbitrate the destruction of an ecosystem in the aftermath of war?