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The Act contains provisions to implement the main recommendation of the review undertaken by Gus O'Donnell ('Financing Britain's future: review of the Revenue Departments', Cm 6163, ISBN 0101616325) published in March 2004. This was to create a new government department integrating the Inland Revenue and HM Customs and Excise and to be called HM Revenue and Customs (HMRC). The Act also establishes a prosecutions office on a statutory basis to undertake all the new department's prosecutions in England and Wales, to be called the Revenue and Customs Prosecutions Office (RCPO).
Schwarz on Tax Treaties is the definitive analysis of tax treaties from United Kingdom and Irish perspectives and provides in-depth expert analysis of the interpretation and interaction of those treaty networks with the European Union and international law. The sixth edition significantly develops the earlier work with enhanced commentary and is updated to include the latest UK, Irish domestic and treaty developments, international and EU law, including: Covered Tax Agreements modified by the BEPS Multilateral Instrument; judicial decisions of Ireland, the UK and foreign courts on UK and Irish treaties; Digital Services Tax; treaty binding compulsory arbitration; Brexit and the EU-UK Trade and Cooperation Agreement; taxpayer rights in exchange of information; taxpayer rights in EU cross-border collection of taxes; attribution of profits to permanent establishments; and EU DAC 6 Disclosure of cross-border planning. Case law developments including: UK Supreme Court in Fowler v HMRC; Indian Supreme Court in Engineering Analysis Centre of Excellence Private Limited and Others v CIT; Australian Full Federal Court in Addy v CoT; French Supreme Administrative Court in Valueclick; English Court of Appeal in Irish Bank Resolution Corporation v HMRC; JJ Management and others v HMRC; United States Tax Court in Adams Challenge v CIR; UK Tax Tribunals in Royal Bank of Canada v HMRC; Lloyd-Webber v HMRC; Esso Exploration and Production v HMRC; Glencore v HMRC; McCabe v HMRC; Padfield v HMRC; Davies v HMRC; Uddin v HMRC; English High Court in Minera Las Bambas v Glencore; Kotton v First Tier Tribunal; and CJEU in N Luxembourg I, and others (the ‘Danish beneficial ownership cases’); État belge v Pantochim; College Pension Plan of British Columbia v Finanzamt München; HB v Istituto Nazionale della Previdenza Sociale. About the Author Jonathan Schwarz BA, LLB (Witwatersrand), LLM (UC Berkeley), FTII is an English Barrister at Temple Tax Chambers in London and is also a South African Advocate and a Canadian and Irish Barrister. His practice focuses on international tax disputes as counsel and as an expert and advises on solving cross-border tax problems. He is a Visiting Professor at the Faculty of Law, King’s College London University. He has been listed as a leading tax Barrister in both the Legal 500, for international corporate tax, and Chambers’ Guide to the Legal Profession, for international transactions and particular expertise in transfer pricing. He has been lauded in Who’s Who Legal, UK Bar for his ‘brilliant’ handling of cross-border tax problems. In Chambers Guide, he is identified as ‘the double tax guru’ with ‘extraordinary depth of knowledge and experience when it comes to tax treaty issues and is a creative thinker and a clear and meticulous writer’.
The Serious Crime Act 2007 has a number of measures designed to improve the processes used by police and other authorities to identify, find, arrest and prosecute serious offenders. They include: new powers for police to stop and search for weapons in areas where violent crime has occurred; allowing courts to impose restrictions on those proven to be involved in serious crime; more information sharing between public and private sectors; makes encouraging or assisting somebody committing a crime an offence; merges elements of the Assets Recovery Agency with the Serious Organised Crime Agency; facilitates seizing proceeds of crime; extends HM Revenue and Customs surveillance powers to combat organised tax fraud
These notes relate to the Serious Organised Crime and Police Act 2005 (ISBN 0105416053) which is in six parts with 17 schedules and contains provisions to establish the Serious Organised Crime Agency (SOCA), including its functions and general powers, financial provisions and operational matters, complaints procedure, matters relating to prosecutions, use and disclosure of information. Other measures relate to investigatory powers of the Director of Public Prosecutions; offenders assisting investigations and prosecutions; financial reporting orders; protection of witnesses; proceeds of crime; police powers; public order and conduct in public places, including harassment, trespass and anti-social behaviour.
These notes refer to the Scotland Act 2012 (c. 11) (ISBN 9780105411123) which received Royal Assent on 1 May 2012
Your single point of reference on criminal law and procedure, Blackstone's Criminal Practice is the only text to offer all the material you need to practise with ease in the Crown and magistrates' courts. Regularly cited, its incomparable quality and accessibility make it an essential reference for all criminal law specialists.
Led by The Right Honourable Lord Justice Hooper and David Ormerod, our team of authors has been hand-picked to ensure that you can trust our unique combination of authority and practicality. With a simultaneous supplement containing essential materials, you can rely on Blackstone's Criminal Practice to be your constant companion through every courtroom appearance. This new edition has been meticulously revised to provide extensive coverage of all new legislation, case law, and Practice Directions. With free Quarterly Updates, and monthly web updates, you can trust Blackstone's Criminal Practice to provide reassurance on all the latest developments in criminal law and procedure.
Smith and Monkcom: The Law of Gambling, Fourth Edition provides a detailed and practical explanation of legislation covering casinos, betting shops, bingo halls, amusement arcades, pubs and clubs with gaming machines and lotteries. This important book provides a detailed and practical explanation of the legislation by detailing the purpose of the legislation, how to apply for operating licences, premises licences and personal licences, the conditions attached to licences and enforcement of the law as it relates to gambling. The fourth edition covers the following legislation: The Gambling Commission's guidance All updates to the Gaming Act 2005 Coverage of the Gambling (Licensing and Advertising) Act 2014 which requires all operators that transact with, or advertise to, British consumers to obtain an operating licence from the Gambling Commission Case law includes: R (on the application of Hemming (t/a Simply Pleasure Ltd) and others) v Westminster City Council R v Goldstein and Rimmington “Spotting the Ball” Partnership v HMRC HMRC v IFX Investment Company Limited The English Bridge Union Limited v HMRC Greene King (tribunal case) Newham Council v Paddy Power
The fallout from the financial crisis of 2007-8, HSBC Suisse in 2015, and the Panama Papers in 2016 has generated calls for far more vigorous and punitive responses to tax evasion and greater international co-operation against mechanisms for giving anonymity to the ownership of property. One mechanism to ensure compliance is the use of the criminal justice system. The announcement in 2013 by the then Director of Public Prosecutions, Keir Starmer, of a policy of increasing rates of prosecution for tax evasion raised squarely the issue of whether increased involvement of criminal law and criminal justice in tax evasion would be justifiable or not. The relationship between tax evasion and the proceeds of crime is taking on increasing importance: treating the 'proceeds of criminal tax evasion' as falling within the 'proceeds of crime' regime inevitably expands the scope of both. In this book, Peter Alldridge considers the development of the offences and the relationship between tax evasion offences and other criminal offences; the relevant rules of evidence; prosecution structures, decision-making processes, and alternatives to prosecution. Specific topics include offshore evasion and the relationship of tax evasion with other crimes and aspects of the criminal justice system. A topical and lively discussion of a heated debate.