Visitor status/main home in the UK Note that it is a requirement of the Visitor Rules that a person will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home (Immigration Rules, Appendix V: Visitor, para V4.2(b)). The Visit caseworker guidance states: ‘There is no specified maximum period, which an individual can spend in the UK in any period, such as ‘6 months in 12 months’ (as long as each visit does not exceed the maximum period for that visit, normally 6 months). However, if it is clear from an applicant’s travel history that they are seeking to remain in the UK for extended periods or making the UK their home you should refuse their application’. If a person using a visit visa/status to travel to the UK has the UK as

Signatory requirements of a deed by a member of an LLP Documents executed as deeds must be expressed as being executed by the limited liability partnership (LLP). A document will be deemed to be executed as a deed if it is duly executed by the LLP and delivered as a deed. The execution of deeds by LLPs is governed by section 44(2) of the Companies Act 2006 (CA 2006), as modified by regulation 4 of the Limited Liability Partnerships (Application of CA 2006) Regulations 2009, SI 2009/1804. When acting by its members, an

It is assumed that proceedings have been brought under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975). The tax consequences of a payment by A to B will depend on all the circumstances. For information on claims brought under I(PFD)A 1975, see Practice Note: Family provision claims—settlement and taxation. The basic position is that an order made pursuant to I(PFD)A 1975, s 2 will lead to the compromise being treated as if it were within the Will of the deceased or disposition

This is limited to apply to the Immigration Rules as in place on 7 December 2018. Tier 1 (Entrepreneurs) can choose how to set up and run their UK business. They must decide whether to be directors of a limited company, run a partnership, or be self-employed. They must register in the relevant way within six months of entering the UK as an entrepreneur, calculated from the date of their stamped entry as an entrepreneur, or from their leave being granted if they applied for leave in the UK. There are specified evidence requirements for demonstrating that registration in each business set-up has been done in accordance with HMRC and Immigration

It is possible to leave a legacy to a company as a limited company is an entity. However, you need to consider whether there will be tax implications of the variation. In some circumstances, HMRC will treat the gift as company profits. You need to be clear that the gift is unconnected with any trade—this is not a clear cut area, see HMRC Manual: BIM100110. It is worth noting that lifetime gifts to a close company are not potentially exempt transfers, they are chargeable transfers and may be subject to inheritance tax, see Practice Note: IHT and close companies. However, in this question, we are dealing with a chargeable transfer on death, the recipient company being a non-exempt beneficiary with any IHT being due and payable by the executors of the estate. With this in mind, the executors should be joined into

Exercising the right to buy (RTB) If a tenant seeks the right to buy (RTB), they must serve notice on the landlord in the prescribed form (Form RTB1 in England, WRTB1 in Wales). The current form includes guidance for the tenant on the RTB process and highlights sources of information and advice. The landlord must then, unless the notice is withdrawn, serve a notice (Form RTB2 and WRTB2 in Wales) on the tenant: • admitting the right, or • denying the right and stating reasons why The RTB2 must be served within four weeks of the

A disclosure exercise will be carried out by the seller in connection with the acquisition of shares in a target company or the acquisition of the assets of a business. The seller will give warranties to the buyer in the share purchase agreement (SPA) or asset purchase agreement (APA), as appropriate. Should the warranty be untrue, this will give rise to a breach of warranty claim entitling the buyer to an action for damages against the seller. The principal method for the seller to limit is liability for breach of warranty (in addition to agreeing specific limitations in the SPA or APA) is by making disclosures against the warranties in the disclosure letter. For further information, see Practice Note: Disclosure—share and asset purchases. For a Precedent disclosure letter, see: Disclosure letter—private M&A—share purchase and Disclosure letter—private M&A—asset purchase. While the buyer will, as a general principle, allow disclosures against most warranties, it will wish to restrict the seller from making disclosures against certain warranties

In recent years, local authorities have begun engaging in the direct delivery of housing, including in respect of mixed-use developments. There are various ways in which such developments can be delivered, including by direct delivery and partnership with the private sector, or the sale of the land on a leasehold basis. Local authorities should have in place a local plan under the National Planning Policy Framework and recourse should, in the first instance, be had to that. The legal framework is contained primarily in the Town and Country Planning

The Practice Note: Applying under the Graduate route notes that it is a condition of stay in the route that study is permitted, except study with a Student sponsor on a course which would meet the requirements of the Student route, as set out in the Immigration Rules, Appendix Student (Immigration Rules, Appendix Graduate, para GR 8.2 (c)). Para GR 8.2 states that: ‘(c) study is permitted, except study with an education provider which is a Student sponsor, and

The legislation governing disabled persons’ trusts is set out in sections 89, 89A, 89B and 89C of the Inheritance Tax Act 1984 (IHTA 1984). Following Finance Act 2006, there are essentially two main varieties of disabled trusts which can be established—a discretionary trust and a life interest trust. We assume from your question that you are referring to a discretionary disabled trust under IHTA 1984, s 89. Providing the trust satisfies the qualifying conditions under IHTA 1984, s 89 and the disabled person qualifies as such at the time when the property is transferred into the settlement, the main tax advantage of a disabled persons’ discretionary trust over a ‘normal’ discretionary trust is that the

This Q&A assumes that the prize promotion is not an illegal lottery or otherwise regulated under the Gambling Act 2005 (GA 2005). For detailed information on prize competitions, see Practice Note: Prize promotions. The CAP Code does not contain restrictions on the use of instant wins in prize promotions. Pursuant to Rule 8.25 CAP Code: 'Participants in instant-win promotions must get their winnings at once or must know immediately what they have won and how to claim without delay, cost or administrative barriers. Instant-win tickets, tokens or numbers must be awarded on a fair and random basis and verification must take the form of an independently audited statement that all prizes have been distributed, or made available for distribution, in that manner.' The CAP has also provided useful guidance which may be of relevance: Promotional marketing: instant wins. As with any type of prize promotion, it is essential to avoid being considered an 'illegal lottery' under Gambling Act 2005 (GA 2005). As such, there must

There are various tax aspects to consider when a corporate tenant is granted a reversionary lease including: • Stamp duty land tax (SDLT) • Value added tax (VAT) • Corporation tax on capital gains, and • Capital allowances Some of these tax aspects may not be an issue