|
FEATURE ARTICLE
Compliance: Excepted Estates Capital Tax Review (January 2007) by Matthew Hutton MA, CTA (fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP comments on the revised excepted estates reporting limits for IHT purposes. EXCLUDED PROPERTY AND GIFTS WITH RESERVATION: WHICH TAKES PRIORITY? Capital Tax Review (December 2006) by Matthew Hutton MA, CTA (fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP considers an important inheritance tax issue for individuals who are not domiciled in the UK. THE FAMILY HOME: NIL-RATE BAND WILL TRUSTS AND THE CGT MAIN RESIDENCE EXEMPTION Capital Tax Review (December 2006) by Matthew Hutton MA, CTA (fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP reports ongoing uncertainty regarding HMRC’s view on the effect of the Trusts of Land and Appointment of Trustees Act 1996 in respect of a popular form of tax planning. MATRIMONIAL SETTLEMENTS – RUMOURS OF DEATH ARE PREMATURE Capital Tax Review (December 2006) by Matthew Hutton MA, CTA (fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP highlights a potential misconception regarding the effect of the FA 2006 rules on trusts and divorce arrangements. REVERTER TO SETTLOR TRUSTS UNDER THE FA 2006 REGIME Capital Tax Review (December 2006) by Matthew Hutton MA, CTA (fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP outlines the implications for existing and new ‘reverter to settlor’ trusts following the tax changes announced in FA 2006. IHT AND TRUSTS AFTER FINANCE ACT 2006: PRACTICAL POINTS Monthly Tax Review (November 2006) by Matthew Hutton MA, CTA (fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP author and presenter of Monthly Tax Review, reports some interesting suggestions from IBC’s fifth Private Client Tax Conference in London following the FA 2006, Schedule 20 changes regarding trusts. INHERITANCE TAX DEVELOPMENTS Busy Practitioner (October 2006) by Mark McLaughlin ATII TEP Mark McLaughlin CTA (Fellow) ATT TEP, General Editor of TaxationWeb, highlights a Special Commissioners decision and other recent developments concerning Inheritance Tax. DECEASED ESTATES: POST-DEATH RE-ARRANGEMENTS Tottel's Trusts and Estates Annual 2006-07 (September 2006) by Matthew Hutton MA, CTA (fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP author of Tottel’s Trusts and Estates Annual 2006-07, outlines some important tax considerations in connection with the estates of deceased individuals. THE SECOND HOME: GETTING IT DOWN A GENERATION? Capital Tax Review (September 2006) by Matthew Hutton MA, CTA (fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP author of Capital Tax Review, considers what planning opportunities remain in the context of second residences following Finance Act 2006. A DELICATE BUSINESS Taxation (September 2006) by Mark McLaughlin and Toby Harris Mark McLaughlin and Toby Harris ponder some planning points and pitfalls in connection with inheritance tax business and agricultural property reliefs. IHT GIFTS WITH RESERVATION: EXCEPTIONS AND EXCLUSIONS FROM CHARGE Tottel's IHT Annual 2006-07 (September 2006) by Mark McLaughlin CTA (Fellow) ATT TEP Mark McLaughlin CTA (Fellow) ATT TEP, co-author of ‘Tottel’s Inheritance Tax Annual 2006-07’, outlines circumstances in which the taxpayer may escape the IHT anti-avoidance rules involving gifts with reservation of benefit. 'RELEVANT PROPERTY' SETTLEMENTS: EXIT BEFORE THE FIRST TEN YEAR CHARGE Capital Tax Review (September 2006) by Matthew Hutton Matthew Hutton MA, CTA (fellow), AIIT, TEP reports on an interaction between ‘old’ A&M trusts and the discretionary trust regime that requires clarification from HMRC. MODERNISING THE TAX SYSTEM FOR TRUSTS – RESIDENCE RULES: ACTION REQUIRED? Capital Tax Review (August 2006) by Matthew Hutton MA, CTA (fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP author of Capital Tax Review, comments on the withdrawal of a proposed trust residence rule, and points out cases where action may be required before 6 April 2007 due to the new residence rules MAIN RESIDENCE RELIEF: PROCEDURAL AND SUBSTANTIVE ISSUES Monthly Tax Review (August 2006) by Matthew Hutton MA, CTA (fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP author and presenter of Monthly Tax Review, reports on a recent Special Commissioners decision involving CGT main residence relief issues. THE FAMILY HOME: LIFETIME IHT PLANNING Tottel's IHT Annual 2006-07 (August 2006) by Mark McLaughlin CTA (Fellow) ATT TEP Mark McLaughlin CTA (Fellow) ATT TEP, co-author of ‘Tottel’s Inheritance Tax Annual 2006-07’, highlights some potential IHT planning options for use by family homeowners in appropriate circumstances. THE FAMILY HOME: NIL-RATE BAND WILL TRUSTS AND THE CGT MAIN RESIDENCE EXEMPTION Monthly Tax Review (July 2006) by Matthew Hutton, MA, CTA (Fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP author and presenter of Monthly Tax Review raises an Important CGT issue in the context of a common IHT planning technique involving the family home. HOW TO AVOID INHERITANCE TAX ON YOUR FAMILY HOME Property Tax Portal (July 2006) by James Bailey Former Tax Inspector James Bailey provides some practical IHT tips involving the family home. Inheritance Tax: Business Reliefs Taxation of Unincorporated Businesses (June 2006) by Malcolm James Malcolm James, author of 'Taxation of Unincorporated Businesses' outlines business property relief, agricultural property relief and woodlands relief for IHT purposes. Points Of Practice: CGT & IHT Capital Tax Review (June 2006) by Matthew Hutton, MA, CTA (Fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP author of Capital Tax Review, highlights points on CGT negligible value claims and the IHT spouse exemption. Inheritance Tax, Trusts And Wills TaxationWeb (May 2006) by Anthony Nixon Anthony Nixon, Solicitor, Chartered Tax Adviser, Trust & Estate Practitioner and Partner with Lester Aldridge, considers some practical implications of the proposed new IHT regime for certain trusts. Trusts: ‘Aligning the IHT Treatment’ - Applications Monthly Tax Review (May 2006) by Matthew Hutton, MA, CTA (Fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP author and presenter of Monthly Tax Review, highlights possible consequences of the controversial proposed legislative changes to IHT and trusts. APR: ‘What Is A Farmhouse?’ Capital Tax Review (May 2006) by Matthew Hutton, MA, CTA (Fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP author of Capital Tax Review, comments on the Lands tribunal decision in ‘Antrobus No 2’. Main Residence Relief: Defining the ‘Curtilage’ Capital Tax Review (April 2006) by Matthew Hutton, MA, CTA (Fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP author of Capital Tax Review, highlights a point concerning the extent of capital gains tax only or main residence relief. Point of Practice - Business Property Relief And Furnished Holiday Lettings Capital Tax Review (April 2006) by Matthew Hutton, MA, CTA (Fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP author of Capital Tax Review considers the current position on the availability of inheritance tax relief for furnished holiday lets. Family Home: The Charge Scheme Adopted in Married Couples’ Wills Capital Tax Review (April 2006) by Matthew Hutton, MA, CTA (Fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP author of Capital Tax Review, highlights a potential pitfall in IHT planning involving the family home. Exchanges Of Joint Interests In Land: ESC D26 Capital Tax Review (March 2006) by Matthew Hutton, MA, CTA (Fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP author of Capital Tax Review, points out the applications and limitations of an Extra-Statutory Concession on Capital Gains Tax. Agricultural Property Relief: Agricultural Value and the Meaning of ‘Farmhouse’ Capital Tax Review (March 2006) by Matthew Hutton, MA, CTA (Fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP author of Capital Tax Review, comments on the recent decision on Lloyds TSB Private Banking plc v HMRC The family home: five options for IHT-efficient life-time giving Tolley's Practical Tax (March 2006) by Matthew Hutton, MA, CTA (Fellow), AIIT, TEP Matthew Hutton MA (Oxon) CTA (Fellow) AIIT TEP looks at inheritance tax and the family home following the introduction of the pre-owned assets legislation Interest in Possession and Discretionary Will Trusts Capital Tax Review (February 2006) by Mark McLaughlin ATII TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP, author of Capital Tax Review, comments on the recent decision in Judge and another v HMRC. Payment Of IHT – Who Is Liable? Tax Essentials: Direct Taxes 2005-06 (February 2006) by Mark McLaughlin CTA (Fellow) ATT TEP and Sarah Laing CTA Mark McLaughlin CTA (Fellow) ATT TEP and Sarah Laing CTA consider the question of liability to IHT and outline the normal payment dates. Monthly Tax Review (January 2006): Inheritance Tax Monthly Tax Review (January 2006) by Matthew Hutton, MA, CTA (Fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP author and presenter of Monthly Tax Review, highlights recent IHT double charges relief regulations and procedural points on form IHT 205. Non-UK Resident Companies: Attribution of Gains Monthly Tax Review (January 2006) by Matthew Hutton, MA, CTA (Fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP author and presenter of Monthly Tax Review, reports on a potential problem area involving non-resident companies and offshore trusts. Two Issues for the Special Commissioner: IHT on Joint Bank Account and CTT on Irrevocable Licence to Capital Tax Review (December 2005) by Matthew Hutton, MA, CTA (Fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP author of Capital Tax Review, comments on the decision in Perry v HMRC. Family Home: The Charge Scheme Adopted in Married Couples’ Wills Monthly Tax Review (December 2005) by Matthew Hutton, MA, CTA (Fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP author and presenter of Monthly Tax Review, outlines a potential trap in an estate planning strategy commonly adopted by married couples. Deeds of Variation: CGT Aspects Capital Tax Review (December 2005) by Matthew Hutton, MA, CTA (Fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP author of Capital Tax Review, comments on circumstances in which a deed of variation may not be desirable for CGT purposes Points of Practice – Capital Gains Issues Capital Tax Review (November 2005) by Matthew Hutton, MA, CTA (Fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP author of Capital Tax Review, comments on the ‘reasonable enjoyment’ condition regarding private residence relief, and on an error by HMRC regarding negligible value claims. Points of Practice – CGT & IHT TaxationWeb (October 2005) by Matthew Hutton, MA, CTA (Fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP author of Capital Tax Review, considers private residence relief on the sale of gardens or grounds and recent consultation on the intestacy rules. Points of Practice - Capital Taxes Capital Tax Review (September 2005) by Matthew Hutton, MA, CTA (Fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP author of Capital Tax Review, highlights two points of practice on pre-owned assets tax, and on Limited Liability Partnerships (LLPs) A Problem Of Trust? Problem Solved! TaxationWeb (September 2005) by Burges Salmon LLP Burges Salmon LLP point out a flaw in the tax system concerning tax on a company repurchase of its own shares from trustees, and the tax relief potentially available in respect of it. Main Residence Relief: Combination of Lettings Relief and Last 36 Months of Ownership Capital Tax Review (August 2005) by Matthew Hutton, MA, CTA (Fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP author of Capital Tax Review, considers the interaction of two forms of capital gains tax relief for only or main residences. The Second Home: Getting it Down a Generation Capital Tax Review (July 2005) by Matthew Hutton, MA, CTA (Fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP author of Capital Tax Review, points out that gifts holdover relief and private residence relief can still be a useful combination in appropriate cases. Business Property and Private Accommodation TaxationWeb (July 2005) by Julie Butler, FCA Julie Butler, FCA, considers a recent case involving inheritance tax (IHT) business property relief in favour of the taxpayer, and its possible implications. Death: Effect of Net Liabilities in Free Estate on Settled Estate Taxation Capital Tax Review (June 2005) by Matthew Hutton, MA, CTA (Fellow), AIIT, TEP Matthew Hutton MA, CTA (fellow), AIIT, TEP author of Capital Tax Review considers a recent case on whether the excess of a deceased’s liabilities over the assets in his personal or free estate could be used to reduce the value of the assets comprised in life interest settlements for the purpose of computing the amount chargeable to IHT. ‘Flip flop’ scheme: HL Find for the Revenue in Trennery v West Capital Tax Review (June 2005) by Matthew Hutton, MA, CTA (Fellow), AIIT, TEP The ‘end of the road’ has been reached in the long ‘flip flop’ saga, explains Matthew Hutton Are the Tories right? - Should Inheritance Tax be abolished? TaxationWeb (January 2005) by Jennifer Adams The reasons for and against abolishing IHT Making A Will - Part 2 Tolley's Practical Tax (November 2004) by Nick Waterhouse-Brown Nick Waterhouse-Brown continues his look at why it is important to make a Will and the potential problems Making a Will - why it is important and the potential problems - Part 1 Tolley's Practical Tax (October 2004) by Nick Waterhouse-Brown Nick Waterhouse-Brown, Tax Manager for Ansons LLP Solicitors, explains the consequences arising from not having a will (in England and Wales) in Part 1 of a 2 Part article CGT and Share Disposals TaxationWeb (September 2004) by Jennifer Adams Jennifer Adams, Editor of TaxationWeb’s Capital Taxes section, considers what investors can do to improve the tax position on their share portfolios. What to do with a Capital Loss TaxationWeb (August 2004) by Jennifer Adams Jennifer Adams outlines some options for obtaining tax relief potentially availiable to those with a capital loss. What Use Are The 'Minor' IHT Exemptions? TaxationWeb (April 2004) by Jennifer Adams Inheritance Tax exemptions and related planning possiblities are explored by Jennifer Adams, Capital Taxes Editor of TaxationWeb. When Is The Right Time To Sell Your Business? TaxationWeb (April 2004) by Jennifer Adams There is more than one potential 'exit route' for business owners selling the family company, explains Jennifer Adams, Capital Taxes Editor of TaxationWeb Is Inheritance Tax solely paid by the rich? TaxationWeb (March 2004) by Jennifer Adams An article detailing the valuable IHT exemptions available for everyone and when they can be used The First Rung of the Property Ladder TaxationWeb (August 2003) by Jennifer Adams How can trusts be used to help children, grandchildren etc onto the property ladder? Jennifer Adams explains. What is the tax position on divorce? TaxationWeb (July 2003) by Jennifer Adams When a couple divorce tax problems may arise if not thought through carefully - the timing of transfers of assets could have large tax implications, as Jennifer Adams explains What happens if you don't make a will? TaxationWeb (July 2003) by Jennifer Adams Many die without leaving a will or make a will that is defective being out of date, incomplete, or inoperable...can anything be done to rectify this? asks Jennifer Adams Moving to sunnier climes! TaxationWeb (May 2003) by Jennifer Adams This article explores ways of saving on CGT by the owner of the business emigrating and then selling. Is your Principal Private Residence Property totally CGT tax-free? TaxationWeb (May 2003) by Jennifer Adams This article delves deeper into the Principal Private Residence exemption and shows that it is not as straightforward a claim as is first thought. |