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Where an individual is on a Graduate visa they are not eligible to undertake any professional or semi-professional sports activities. If a non-league semi-professional football club wants to employ an overseas player, are there any visa routes that may enable this?
Q&As
Employment as a professional sportsperson is not permitted as a Graduate visa holder, as per Immigration Rules, Appendix Graduate, GR 8.2 sub-para (b). Professional Sportsperson is defined in the Interpretation section of the Immigration Rules, Introduction, para 6.2 sub-para (b) and includes ‘…playing or coaching in any capacity, at a professional or semi-professional level of sport (whether paid or unpaid)’. This condition
Where an individual judgment creditor (A), prior to taking action to enforce its judgment against the judgment debtor B (a limited company) discovers that the sole director and shareholder of B has resigned and subsequently set up a new limited company (C) trading out of B’s offices and carrying on the same business as B, can A seek to enforce against C the judgment it has obtained against B? It is assumed that the actions in setting up C have been carried out as a means of B avoiding an effective enforcement against B.
Q&As
In answering this Q&A, we have taken into consideration the ‘phoenix’ situation. The term ‘phoenix’ refers to a company that has been incorporated, in order to purchase the assets from a predecessor company that is no longer viable, or otherwise continue with the business of the predecessor company through a new corporate vehicle. A phoenix company can have the same directors as its predecessor, and typically is able to carry on the relevant business where the predecessor left off. However, while on its face there
Where an individual lacks capacity, has no appointed attorney or deputy to represent them, but has been assessed by the local authority (LA) as requiring care, but self-funding and placed by them into a care home, what are the LA’s obligations to the individual?
Q&As
Obligations to adult Assess for care and support Section 9 of the Care Act 2014 (CA 2014) places a mandatory duty on a local authority (LA) where it appears that an adult may have needs for care and support to assess: • whether the adult does have needs for care and support, and • if so, what those needs are The intention expressed in the Care and support statutory guidance, Chapter 6 is that the assessment is holistic and takes account of the individuals needs and wider support network, has their wishes at the centre of any decisions and if they lack capacity should be provided with access to an Independent advocate (6.33–6.34 and chapter 7) by the LA. Charging Once an individual has been assessed as having need for care and support
Where an individual leaves a Will including a nil rate band discretionary trust (NRBDT) and there is a residential property interest that falls into the NRBDT, is it possible for the personal representatives to claim the residence nil rate band (RNRB) for the estate following an appointment by the trustees of the NRBDT of the residential property interest to the deceased's children within two years pursuant to section 144 of the Inheritance Tax Act 1984? If so, would the availability of the RNRB increase the value of the assets passing to the NRBDT (so as to include not just the value of the basic NRB but also the RNRB) or would the RNRB be available to reduce the inheritance tax liability of the residuary estate?
Q&As
For information on the residence nil rate band (RNRB) and when it is available, see Practice Notes: IHT—residence nil rate band and IHT—residence nil rate band Q&As. It is assumed that there is a qualifying residential property interest (QRI) in the estate. It is not clear whether the property forms part of the NRBDT legacy
Where an individual made regular gifts out of their normal income in the seven years before their death but the exemption is not tested on their death as the total gifts fell within their available nil rate band (NRB), can the personal representatives of their surviving spouse’s estate later claim the normal expenditure out of income exemption in order to benefit from the full transferable NRB? If so is there a time limit to claim it?
Q&As
Normal expenditure out of income exemption The normal expenditure out of income exemption is set out in section 21 of Inheritance Tax Act 1984 and requires that: • the transfer must be made out of the transferor’s income • the transfers must bear the hallmark of regularity, and • after all payments and normal expenditure have been made, the transferor must have sufficient income to maintain their usual standard of living Provided that the qualifying payments meet the criteria then these gifts do not affect the donor’s available basic nil rate band (NRB). The rules for claiming the exemption are
Where an individual makes a gift of part of their land, how is the base cost calculated for capital gains tax purposes?
Q&As
A disposal made by way of a gift is deemed to have been made for a consideration equal to the market value of the asset (section 17 of the Taxation
Where an individual makes a lifetime chargeable transfer (CLT) that is also a gift with reservation with benefit (GWR), then makes a deemed potentially exempt transfer (PET) by terminating the GWR, then dies within seven years of having made both the CLT and PET, to what extent do the Inheritance Tax (Double Charges Relief) Regulations 1987 apply to relieve a double charge to IHT?
Q&As
It is assumed that the deceased individual was not, at the time of death, beneficially entitled to the property which was the subject of the CLT. The Inheritance Tax (Double Charges Relief) Regulations 1987, SI 1987/1130, reg 5 relieves from double charges to IHT in circumstances such as the following: • (a) A makes a gift with reservation. The gift is a chargeable transfer, either as a result of A's death within seven years of it or because it is a chargeable transfer from the outset (for example, it is the
Where an individual owns a property in their sole name and cohabits there with their partner and after the individual’s death the partner pays off the outstanding mortgage, would the partner have a claim to a beneficial interest in the property by way of a constructive trust or otherwise?
Q&As
Partner as creditor of the estate The surviving partner appears to have, at a minimum, a claim against the estate as a creditor in the amount of the loan. See Q&A which addresses a similar situation: If a person pays a debt on behalf of a deceased testator (after death), do they then become a creditor and therefore should have their debt settled before the estate is distributed? In
Where an individual owns the freehold estate in a property which is occupied by a commercial tenant, can the individual specify in their Will who would receive the rent arising after the individual’s death? Are the executors able to allow the tenant to continue to occupy after the end of the tenancy?
Q&As
It is assumed that the tenant occupies the property under a short term fixed tenancy agreement. The answer to the first question is that if the individual wishes to give only the rental income in their Will, the Will may be drafted to include an interest in possession trust over the property, but if the capital is to also pass to those beneficiaries, a specific legacy may be more appropriate. The death of the landlord does not change the basis of the occupation of the property by the tenant. The existing tenancy agreement will continue and the executors/trustees
Where an individual purchased a property in 1980, lived in it as their main residence for 20 years then demolished it in 2000 and built a new property on the same site, which they moved into in 2002, how would principal private residence (PPR) relief be applied on a sale of the property in 2020?
Q&As
Principal private residence (PPR) relief from capital gains tax (CGT) can only be claimed in relation to the taxpayer's only or main residence. The question as to whether a house is the only or main residence of a taxpayer for the purpose of section 222(1)(a) of the Taxation of Chargeable Gains Act 1992 (TCGA 1992) is, in substance, one of fact. If the owner of the new dwelling occupies it as their only or main residence, PPR relief from capital gains tax should apply to any gain made on a disposal of it, subject to the considerations outlined below. For information on PPR relief under TCGA 1992, s 222–226, see Practice Note: CGT—PPR relief. The provisions of TCGA 1992, s 224 should be borne
Where an individual seller transfers a property to an individual buyer for no consideration and the buyer assumes 50% of a mortgage (although the parties are jointly and severally liable), will stamp duty land tax (SDLT) be payable by reference to the 50%?
Q&As
Paragraph 8 of Schedule 4 to the Finance Act 2003 (FA 2003) deals with debt as consideration for stamp duty land tax (SDLT) purposes. Where a debt is satisfied or released, or debt is assumed by the purchaser, this forms part
Where an individual settled an accumulation and maintenance (A&M) trust in 2005 (with no variations following the Finance Act 2006) and made a relevant property settlement in 2010, is the gift into the 2005 A&M trust treated as a potentially exempt transfer or a lifetime chargeable transfer for the purposes of inheritance tax on chargeable events in the 2010 settlement? Would it need to be declared in the IHT100 form(s) as a relevant property trust?
Q&As
Schedule 20, Part 1 to the Finance Act 2006 introduced changes to the inheritance tax treatment of trusts on and from 22 March 2006, including changes in relation to an accumulation and maintenance (A&M) trusts which had been created prior to that date. Broadly, if the A&M trust did not at that date satisfy the new condition as to the vesting of capital at age 18 or