This year's rushed Finance Act contains several retrospective and retroactive elements. Explicit retrospection is always dangerous but damage can also be delivered in more subtle ways — as exemplified by the new pensions rules and the bank payroll tax.
Avoidance
The Finance Act contains several anti-avoidance measures which are backdated to the date of the blocking announcement. For example changes to the sale of lessors take effect from 9 December 2009 when draft legislation was published. The problem is that the Finance Act doesn't mirror this draft legislation. Instead it has been changed so that it 'operates fairly and [so] that the full amount of tax will be collected on the profits of the leasing business following the sale' (Budget Note 14); it therefore contains retrospective elements.
Pensions tax relief
Retrospection in the context of structured avoidance can arguably be justified. I was more worried by the...
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This year's rushed Finance Act contains several retrospective and retroactive elements. Explicit retrospection is always dangerous but damage can also be delivered in more subtle ways — as exemplified by the new pensions rules and the bank payroll tax.
Avoidance
The Finance Act contains several anti-avoidance measures which are backdated to the date of the blocking announcement. For example changes to the sale of lessors take effect from 9 December 2009 when draft legislation was published. The problem is that the Finance Act doesn't mirror this draft legislation. Instead it has been changed so that it 'operates fairly and [so] that the full amount of tax will be collected on the profits of the leasing business following the sale' (Budget Note 14); it therefore contains retrospective elements.
Pensions tax relief
Retrospection in the context of structured avoidance can arguably be justified. I was more worried by the...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes: