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This monograph looks at how tax is intertwined with constitutional law and the state in the UK. It looks at a variety of topics including tax devolution, scrutiny and reform of tax legislation, the protection of taxpayers and the domestic legal processing of international rules and problems. Tax Law, State-Building and the Constitution presents and interrogates five key claims. First, there is a clear overlap between the concerns of tax and constitutional lawyers. Secondly, the tax system is being deeply affected by the fast pace of constitutional change. Thirdly, decisions taken in the tax field are likely to have a reverse influence on the evolution of the constitution. Fourthly, these relationships are heavily context-dependent, with tax making all the difference to some ongoing constitutional controversies whilst having very little to do with others. Fifthly, by acknowledging tax as an important moving part within the contemporary constitution we might understand both tax and constitutional law a little better. The book therefore contributes to deeper theoretical debates on the identity of tax law as a discipline, the relevance of tax to public lawyers, the meaning of state-building in the recent history of a developed country and the importance of public finances to a wider sense of 'what is going on'. These are questions that ought to command the attention of tax and constitutional law academics as well as policy makers and reformers. Runner-up of the 2022 SLS Peter Birks Prize for Outstanding Legal Scholarship.
Land and Buildings Transaction Tax is the only comprehensive and clear guide to the new Land and Buildings Transaction Tax in Scotland. Land and Buildings Transaction Tax ('LBTT') is a tax devolved to Scotland under the Scotland Act 2012 which, whilst based on Stamp Duty Land Tax ('SDLT'), is different in a number of areas. These differences are explored throughout the text. This text provides practising solicitors and accountants in Scotland with essential and practical guidance on this new tax. The title provides comprehensive guidance on the general rules of LBTT including the transitional provisions and outlines the principal differences between LBTT and SDLT. This authoritative text also includes: Background to the introduction of LBTT; Detailed coverage of many of the exemptions and reliefs from LBTT; Comprehensive consideration of the rules regarding commercial leases; The practicalities of LBTT compliance and administration Special rules for partnerships and trusts; Anti-avoidance rules; Numerous worked examples. Land and Buildings Transaction Tax is essential reading for lawyers, accountants, and other professionals dealing with transactions involving commercial and residential properties in Scotland, as well as academics wishing to observe the first stage in the development of devolved Scottish taxes.
These are the papers from the 8th Cambridge Tax Law History Conference held in July 2016. In the usual manner, these papers have been selected from an oversupply of proposals for their interest and relevance, and scrutinised and edited to the highest standard for inclusion in this prestigious series. The papers fall within five basic themes: Two papers focus on tax theory; one on John Locke and another on the impact of English tax literature in the Netherlands in the nineteenth century. Five deal with the history of UK specific interpretational issues in varying contexts – an ancient exemption, insurance companies, special contribution, the profits tax GAAR and capital gains tax. Two more papers consider aspects of HMRC operations. Another three focus on facets of international taxation, including treaties between the UK and European countries, treaties between the UK and developing countries and the UN model tax treaties of 1928. The book also incorporates a range of interesting topics from other countries, including the introduction of income tax in Ireland and in Chile, post-war income taxation in Australia, early interpretation of 'income' in New Zealand and a discussion of some early indirect taxes in India and China.
Leach’s Tax Dictionary contains over 1,000 pages of definitions. It has three sections: the first lists definitions; the second is a list of abbreviations found in official publications, including government press releases where new abbreviations are made up almost every week; and the third gives a list of tax rates and other information which may be of use to a tax accountant/lawyer.
Revenue Scotland and Tax Powers Act 2014 (UK) The Law Library presents the official text of the Revenue Scotland and Tax Powers Act 2014 (UK). Updated as of March 26, 2018 This book contains: - The complete text of the Revenue Scotland and Tax Powers Act 2014 (UK) - A table of contents with the page number of each section
A clear, comprehensive account of Scottish constitutional law within its UK and European context. It describes and analyses constitutional arrangements while integrating that analysis with a general background to constitutional law and the UK institutions which have a continuing relevance for the government of Scotland. This highly regarded text considers law-making powers for Scotland, the legislative process at Westminster and at Holyrood, the accountability and scrutiny of government, the independence of the judiciary and the role of the courts in interpreting and adjudicating upon constitutional and administrative law questions. The fourth edition has been fully updated throughout and includes: · An update on the Scottish devolution settlement, including the changes made by the Scotland Act 2016 in the field of social security. · A new chapter covering the Brexit referendum, the withdrawal negotiations between the UK and the EU and Brexit litigation - with a particular focus on Brexit's impact on Scottish constitutional arrangements. · Coverage of new case law since the last edition in the area of judicial review and specifically on devolution.
La publication des actes du colloque qui s'est tenu à Lyon en juin 2015 met en lumière la montée en puissance de mouvements indépendantistes et de revendications identitaires dans différentes régions du monde globalisé contemporain. En prenant comme point de départ le référendum écossais de 2014, les discussions ont abordé plusieurs versants du séparatisme catalan, le référendum pour l'autodétermination en Crimée, les revendications identitaires en Nouvelle Zélande ainsi que les efforts pour arriver aux accords de paix en Irlande du Nord. D'autre part, il est intéressant de constater la perte de vitesse des certaines minorités linguistiques en France ou le cas de minorités russophones dans les pays baltes. Finalement, cet ouvrage pose les questions de l'identité nationale, des fondements culturels, linguistiques, historiques ou économiques des nationalismes du XXIe siècle.
This paper is issued alongside the Scotland Bill (Bill 115, ISBN 9780215557414, and its associated explanatory notes, Bill 115-EN, ISBN 9780215546548) which implements the changes to legislation recommended in the final report of the Commission on Scottish Devolution (chairman Sir Kenneth Calman) - "Serving Scotland better: Scotland and the United Kingdom in the 21st Century" (available at http://www.scotlandoffice.gov.uk/scotlandoffice/files/Calman%20report.pdf). The Commission's central view was that Scotland should be responsible for raising more of its revenue, and the Government proposes a transfer of fiscal power so that the Scottish Parliament will have powers to raise some 35 per cent of its own budget (the current level is 15 per cent). Proposals include: a Scottish income tax to replace part of the UK income tax; the devolution of land tax and landfill tax; the power to create of devolve other taxes to the Scottish Parliament; extensive new borrowing powers; a Scottish cash reserve to manage fluctuations around devolved tax receipts; a seat for Scottish ministers on a new UK-Scottish tax committee. This paper also outlines the Government's response in other policy areas: strengthening relations between Parliaments and Governments; improving the constitutional framework; administration of elections; policing and justice; health and public safety; business, corporate affairs and academic research; environment and rural affairs; social security and welfare reform; charities; the Scottish Government; and technical amendments to the Scotland Act 1998.
A new and an updated edition of a core bestselling title. Introductory Scots Law 3rd Edition develops the core knowledge and skills demanded in advanced law classes as part of Higher National courses and university-level business courses containing a strong legal component. Attractively designed, this user friendly textbook offers straightforward and accessible coverage of the key areas of Scots Law and the most recent developments within it The third edition: - Is fully revised to include the most up to date legal developments and case law e.g. developments in constitutional law, equality and diversity and human rights - Places particular emphasis on the practical side of contemporary Scots Law by featuring exemplar legal documents to aid understanding - Contains frequent summary Key Points and in-depth Test Your Knowledge questions/case studies to consolidate learning and comprehensionProvides full answers and a range of invaluable e-resources on the accompanying website, including additional case studies and samples of procedures and paperwork - Is also suitable for introductory law units in other fields (such as professional studies) as well as offering a source of highly accessible reference material for a more general readership.
Provides a reference point for practitioners, who may need to prepare or review a valuation of shares or intangible assets, and acts as a practical guide to the more straightforward valuations which are required for tax purposes. Practical Share Valuation combines decades of the authors' practical experience in order to provide a reference guide to the valuation of unquoted shares and intangible assets as well as a practical handbook for practitioners preparing more routine valuations for tax purposes. The book highlights the relevant case law relating to valuations and also provides a handy list of additional data sources to aid the valuer in gaining access to the comparator data and latest valuation standards available. Whether you need to prepare a valuation or review work prepared by another practitioner, this book provides a wealth of easily accessible information, hints and tips to help you navigate through the potential minefield of share valuations. The seventh edition includes the following updates: - Full analysis of new legislation proposed on bringing non-resident companies with UK taxable income and gains from the disposal of UK residential property interests within the scope of corporation tax; - Guidance on new penalties in connection with offshore matters and offshore transfers (FA 2016), for inheritance tax for transfers of value on or after 1 April 2017 and for income and CGT from April 2016, in particular a new asset-based penalty for certain offshore disclosure inaccuracies and failures; - Commentary on several well-publicised litigation battles regarding failed tax avoidance schemes, such as HMRC vs Ingenious Media and HMRC vs Rangers Football Club; - Changes to the Companies Act 2006 and new reporting requirements as a result of the transition to FRS 102 and FRS 105 (effective for accounting periods on or after 1 January 2016); - Updated guidance from HMRC Shares and Assets Valuations and International Valuation Standards 2017.