HMG Law: Solicitors of Oxford.

Free Guides to Online Security – 14th May, 2013

Free A- Z Guides to online security and safety

Joint Ownership of Rental Property – 14th May, 2013

HMRC's review rental properties owned jointly by husband and wife.

Late Vat Returns – 13th May, 2013

This case shows the importance of submitting all tax returns on time

Advisory Fuel Rates – 9th May, 2013

HM Revenue & Customs have announced new rates.

Married Couples and Rental Property – 1st May, 2013

HMRC are reviewing the split of rentals between joint owners - usually married couples and civil partners

Statutory Residence Test – 1st May, 2013

The Government introduced a statutory residence test for tax purposes from 6 April 2013.

General Anti-Abuse Rule (GAAR) – 30th April, 2013

The aim is to counteract tax advantages arising from aggressive tax avoidance schemes.

IHT relief for Furnished Holiday Lettings – 24th April, 2013

A furnished holiday letting cottage does NOT qualify for IHT business property relief. (tribunal decision reversed)

Have you forgotten to tell HMRC about a property sale? – 17th April, 2013

The HMRC has recently launched another initative for UK taxpayers, the Property Sales Campaign.

Inheritance tax Nil-rate Band threshold – 17th April, 2013

Mr Osborne announced that the inheritance tax nil-rate band of £325,000 will continue to be frozen until 5 April 2018.

Spouses and Civil Partners domiciled outside the UK – 16th April, 2013

The IHT treatment of transfers between UK-domiciled individuals and a non-UK domiciled spouse or civil partner is being changed.

Debtor sued after dumping coins in accountant's garden – 3rd October, 2012

An accountant has successfully sued a disgruntled client who attempted to settle an £800 bill by dumping five crate loads of coins in his garden.

LPA attorney's boyfriend cannot act as certificate provider – 2nd August, 2012

A decision in the Court of protection clarifies who can act as a certificate provider.

PAYE student form withdrawal – 30th July, 2012

From 6 April 2013 students will be treated in the same way as all other employees for PAYE tax and NICs purposes.

Another Tax Amnesty? – 24th July, 2012

Higher rate taxpayers who have not submitted previous years tax returns are being offered the opportunity to come forward and pay up under a time limited HMRC campaign.

Home improvements – 24th July, 2012

The tax advice is to carry out home insulation improvements sooner rather than later.

EC creates a tax stink over UK’s Chinese garlic imports – 11th July, 2012

The European Commission is taking the UK to the EU Court of Justice.

Removing Restrictive Covenants – 11th July, 2012

Sometimes The Court will order Restrictive Covenants, preventing a particular use of the property, should be removed.
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Statutory Payments Rates for 2012/13. – 5th July, 2012

The Department for Work and Pensions has announced the 2012/13 Statutory Payments Rates.

The Scotland Act 2012 – 4th July, 2012

The Act gives the Scottish Parliament the power to set a Scottish rate of income tax for Scottish taxpayers probably from April 2016.

HMRC Bereavement Centre – 4th July, 2012

HMRC launch a service to help people following a bereavement.

New Giftaid tax repayment form – 3rd July, 2012

HMRC has introduced a new giftaid and tax repayment form R68(i) to be used by charities wishing to reclaim income tax.

More penalties for Employers – 2nd July, 2012

PAYE and national insurance contributions paid late within a tax year now attracts a late payment penalty

Court cancels company’s late filing penalty – 2nd July, 2012

One is left to wonder why the notice ever came to Court.

Employers to pay HMRC in advance – 2nd July, 2012

From 6 April 2012 H M Revenue & Customs will be able to ask employers to pay a security.

Off-shore income & the Taxman – 29th June, 2012

A maximum penalty of 200% of the tax due may be imposed if compliance checks reveal undisclosed income.

Tax advisers not liable after sudden death – 29th June, 2012

Daughters sued the lawyers who had advised their father on a transaction to sell a business for failing to warn them to postpone the sale until after their father's surgery.

Widow wins houses but no cash – 29th June, 2012

The Court said the case resembled “big money/short marriage” disputes in divorce litigation and rejected her request for a further £1,500,000 in cash.

Statutory Payment Rights for 2012/13 – 2nd April, 2012

The Department for Work and Pensions has announced that statutory payment rates which apply for 2012/13

Directors’ National Insurance – 2nd April, 2012

It is worth remembering that the directors’ national insurance contributions must be calculated on an annual basis.

Legal costs on redundancy – 2nd April, 2012

Ensure that recovery of costs is pursuant to a specific term in the compromise agreement and have the other side pay the lawyer direct.

Dying father’s will upheld – 28th March, 2012

The High Court in England and Wales has upheld a 78 year old man’s deathbed Will in which he left everything to the longterm partner he married only a few minutes before executing the Will.

European VAT rates – 28th March, 2012

The main VAT rates in European countries in 2010 and 2012 highlights the tax rises by governments attempting to sustain their credit ratings.

Evidence for tax purposes – 29th February, 2012

A sceptical Inspector of Taxes will often be more impressed if the taxpayer's argument has been evidenced in writing prior to the opening of an enquiry.

Tax returns must be right first time – 27th February, 2012

HMRC imposed a penalty on the basis that the taxpayer had been careless in completing his return. The taxpayer appealed saying it was a simple mistake.

Collecting small debts through PAYE – 17th February, 2012

From 5 April 2012 H M Revenue & Customs will have the power to collect debts of less than £3,000 by including them in the taxpayer’s PAYE code.

Divorcing husband cannot regain passport – 10th February, 2012

Mr Young's passport was impounded three years ago pending the settlement of his former wife's financial claims on his assets.

Court of Appeal rules mixed-up mirror wills are invalid – 9th February, 2012

Wills executed by an elderly couple are void because each accidentally signed the other's will.

Settlor charged income tax on rent & interest he paid to trustees – 8th February, 2012

The First-tier Tribunal (Tax Chamber) has held that the settlor of a settlor-interested trust is liable to income tax on all trust income, even where that income has been generated from payments made by him to the trust.

Building Regulations and the Human Rights Act – 2nd February, 2012

Homeowners alleged that the local authority had breached the European Convention on Human Rights by failing to spot defective construction works.

Unravelling the PAYE coding notice – 2nd February, 2012

Between January and March 2012 HMRC are sending out revised tax codes for the 2012-13 tax year.

Arbitration would have been cheaper – 31st January, 2012

£80,000 legal costs could have been avoided if the claimant had chosen Arbitration rather than taking the case to Court.

Updated Sad Christmas statistics? – 13th January, 2012

On Christmas Day 2011 1,100 people filed their self assessment tax returns!

Read it or regret it – 6th January, 2012

A useful reminder that a tenant cannot expect a landlord to tell him the terms of the lease.

State Retirement Pensions – 21st December, 2011

The State Retirement Pension in 2012/13 will rise by £5.30 to £107.45 per week for a single pensioner and the full couple rate will rise by £8.50 to £171.85.

New Charities Act – 20th December, 2011

The Charities Bill received Royal Assent on 14 December, becoming the Charities Act 2011.

Charity Commission investigates empty charity property arrangements – 20th December, 2011

The Charity Commission is aware that landlords are approaching charities to let to them hard to let properties, thereby relieving landlords of the requirement to pay full business rates.

HMRC advisory fuel rates from 1st December 2011 – 19th December, 2011

HMRC has announced new advisory fuel rates which are based on the current petrol prices of 133.4p per litre (equivalent of £6.06 per gallon) and for diesel 141.1p per litre (equivalent of £6.41 per gallon).

Business Rates for Small Firms – 16th December, 2011

The holiday on business rates for small firms until October 2012 has been extended until April 2013.

Pension funds – 16th December, 2011

Individuals with pension funds which in total exceed £1.5 million need to make an election to protect their rights by the 6th April 2012.

Law Commission proposes significant reform to intestacy law – 15th December, 2011

A draft bill to amend the law of intestacy in England & Wales, in particular to give some cohabitants the right to claim their deceased partner's estate has been published.

2012 Budget – 15th December, 2011

Intestacy rules updated – but only in Scotland – 14th December, 2011

In Scotland , from 1 February 2012 the current threshold of £300,000 will be increased to £473,000 before child(ren) get an interest in a parent's Estate through intestacy.

Will Writer Jailed – 29th November, 2011

Walter Ventriglia, 47, has been jailed for 14 months after repeatedly writing to clients informing them that their wills had been invalidated by a change in the law, which had never happened.

HMRC Appeal Hok – 24th November, 2011

We believe HMRC have been given leave to appeal against a Tribunal decision to quash a penalty notice.

Higher ISA Limits Confirmed – 23rd November, 2011

Junior ISAs have been available since the 1st November 2011 with a limit of £3,600 per year for each eligible child.

Late payment of PAYE and national insurance – 18th November, 2011

The rules for charging penalties if PAYE and national insurance contributions are paid late to HM Revenue & Customs by employers have been increased.

New student loan threshold – 18th November, 2011

Subsistence payments for employees travelling overseas – 17th November, 2011

HM Revenue & Customs has published an up-dated list of worldwide subsistence rates for expenses payments that can be made without deduction of tax to employees travelling outside the United Kingdom.

Checking mortgage applications – 17th November, 2011

Lenders will be able apply to the Inspector of taxes to determine whether the figures on the mortgage application form correspond with those on recent tax returns. The taxman will use discrepancies to trigger tax investigations.

Winter fuel allowance – 16th November, 2011

Men under their own state pension age on or before the above date qualify to receive this winter’s payment but will need to claim in order to receive it.

Severing a joint tenancy – 16th November, 2011

The High Court has recently considered the case of Quigley -v- Masterson concerning whether the deceased, Edward Pilkington, and his co-habitant had owned their home as joint tenants or tenants in common.

Lottery windfall is non-matrimonial property – 31st October, 2011

In a divorce, a husband, who now has a low income, applied to the Courts to have the lottery winnings counted as part of the matrimonial assets for the purposes of a financial settlement.

Risk of on-line estate fraud – 31st October, 2011

People are writing down their on-line passwords in their wills: When the will receives probate, it will be open to view by the the public and fraudsters.

Pension Scheme for ALL employees – including carers! – 7th October, 2011

From 1st February 2016 all employees must be enrolled in an employer pension scheme unless they opt out.

Companies House postpones mandatory on line filing – 3rd October, 2011

Capital allowances – 30th September, 2011

It is more important than ever for traders to plan their capital expenditure so that they obtain the maximum allowances.

LPA registration fees increase – 30th September, 2011

With effect from 1 October 2011 The Office of the Public Guardian (OPG) has increased the fee it charges for registering a Lasting Power of Attorney from £120 to £130.

Government decides against cohabitation property rights – 28th September, 2011

The government has shelved proposals that would have allowed separating cohabitants a legal claim on each other's property.

New 5p charge for carrier bags in Wales – 27th September, 2011

From the 1st October 2011 the Welsh Assembly Government will make it compulsory for retailers in Wales to charge for “single use” carrier bags.

National Minimum Wage – 26th September, 2011

New national minimum wage rates come into force on the 1st October 2011

Should you be filing US tax returns? – 23rd September, 2011

Even if you live in the UK, you must file US tax returns reporting your worldwide income if you are a US citizen or were born in USA or are a lawful Permanent Resident (ie hold a green card) or when you were born one or both your parents were US citizens.

Penalties for late payment of tax – 23rd September, 2011

These penalties operate independently of and in addition to the penalties for late filing.

Late filing penalties increased – 23rd September, 2011

A tax return filed 366 days late showing no tax payable can attract a £1,600 penalty even if the tax return discloses that no tax is payable.

Warning for individuals with income over £42,475 – 23rd September, 2011

If you have any investment income on which you pay basic rate income tax by deduction at source and your total income exceeds £42,475, you will have an additional income tax liability.

Pre-nuptial Agreement Upheld – 19th November, 2010

The UK Supreme Court has ruled that English Courts should enforce pre-nuptial agreements unless they are unfair.

"An intelligent plan is the first step to success" - Basil S Walsh – 15th August, 2010

The Court of Appeal looks at boundary disputes - again

Wills - when do you need to know what you are doing? – 2nd August, 2010

The Court of Appeal has recently confirmed that a will can be valid where a person had testamentary capacity when giving instructions for the will but not when executing it

28% CGT rate here to stay – 23rd July, 2010

Chancellor indicates 28% CGT rate to stay for this Parliament

Home working – 18th July, 2010

Employers urged by transport minister to allow staff to work one day a fortnight at home

Employment Law - Tribunal popularity – 11th July, 2010

Employers are encouraged to remain vigilant in observing proper procedures as latest tribunal figures are published

Reasonableness and prudence – 11th July, 2010

Is being reasonable different to being commercially prudent?

Property improvements – 3rd June, 2010

You need to keep the invoices for property improvements until six years after the property has been sold

IHT and Farmhouses – 3rd June, 2010

HMRC recently lost a tax case in which they sought to deny agricultural property relief on a farmhouse occupied by an elderly farmer who went into a care home before he died.

Employees' Pension contributions – 2nd June, 2010

If higher rate employees and taxpayers are not required to submit a Tax Return or fail to put the pension payments on their Tax Return, they may pay too much income tax

Inheritance tax threshold frozen – 22nd April, 2010

The Chancellor of the Exchequer has announced that the £325,000 inheritance tax threshold will be frozen for not only 2010/11 but until 6 April 2015.

Employment Law - new training rights – 3rd March, 2010

A new right to request time off for study or training will come into force on 6th April 2010. The right will initially affect businesses with 250 or more employees and will be extended to cover businesses of all sizes from April 2011.

Employment Law - Paternity Leave – 2nd March, 2010

Employment law - change of rates – 21st December, 2009

As of 1st February the rates of compensation have changed

Subject to contract - clarification – 18th December, 2009

The High Court has clarified when an offer to settle a dispute is effective

Cohabitees and the right to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 – 27th November, 2009

Cohabitees need to realise that by living with someone they may be giving that person a right to their family’s wealth. Parents also need to consider this if they make gifts to a son or daughter who is cohabiting.

Employment Law: Paternity Leave and Pay – 25th November, 2009

The additional paternity leave and pay régime is due to start in 2011/12. The six months’ paternity leave to which fathers will be entitled during the second six months of their children’s lives is to be unpaid unless....

Inheritance tax valuations – 25th November, 2009

HM Revenue & Customs are having a blitz on valuations for inheritance tax accounts.

Wills & Trust Law : Perpetuities and Accumulations ACT 2009 – 16th November, 2009

The Act received The Royal Assent on 12 November 2009. However the substantive provisions of the Act will not come into force until a commencement order is laid in Parliament by the Lord Chancellor.

Property and Personal Assets - minimising taxation. – 6th November, 2009

We will be presenting a seminar at Bonhams showrooms outside Kidllington on the topics of Property and Personal Assets - minimising taxation. The seminar will cover the best solutions to avoid unnecessary inheritance and other taxes whilst achieving your personal aims. There will be a particular focus on the family home and on heritage property.

Autumn Newsletter – 16th October, 2009

Employees’ training costs – 9th September, 2009

There is a wide ranging tax relief for training costs incurred by an employer to provide training for an employee. However usually training costs incurred by an employee are not deductible for income tax purposes but in a recent case tax relief was granted.

Inheritance tax and Business Property Relief – 9th September, 2009

The Tax Tribunals concluded that the deceased's activities of farming and letting out surplus accomodation constituted a single business, so that BPR was available on the capital value of both farming and let properties.

£150,000 tax-free termination payment – 9th September, 2009

In a recent Tribunal decision a substantial payment of over £150,000 to a departing employee was all held to be income tax-free - not limited to £30,000.

Administration of Estates - additional reasons to obtain Probate promptly – 18th August, 2009

To avoid interest payments, Personal Representatives will have to complete and submit their accounts to HM Revenue & Customs more quickly

Changing Will Provisions – 15th July, 2009

Often beneficiaries execute a “Deed of Variation” in order to vary the terms of the deceased’s Will, but a recent case has highlighted a pitfall.

Pre-nuptial agreements – 8th July, 2009

Support from the Court of Appeal

Caroline Johnson – 30th June, 2009

Partner Caroline Johnson retires

Inheritance tax:Taper relief – 10th June, 2009

IHT taper relief is not generous on lifetime gifts as people believe.

Tax Investigations – 10th June, 2009

Although HM Revenue & Customs (“HMRC”) do open random investigations, they state that the vast majority of taxpayers are chosen for investigation on a risk basis.

Divorce and Wills – 10th June, 2009

Existing Wills are not revoked when a couple get divorced.

Tax relief on cars – 3rd June, 2009

Depreciation rates for tax purposes on cars used in a business changed in April 2009

Businesses need to plan their caoital expenditure – 3rd June, 2009

Planning your capital expenditure will reduce business's tax bills

Tax appeals – 3rd June, 2009

The normal rule is that the prosecution has to prove its case in the Courts in line with the old adage, “you are innocent until proved guilty”.

Trusts, Wills and Letters of Wishes – 2nd June, 2009

If you make a Discretionary trust, you will often write a Letter of Wishes to your trustees to tell the m how it is to be administred.

Visitors to the UK from overseas – 2nd June, 2009

Following a change in Finance Act 2008, almost all visitors to the UK will have complete tax returns of their income for the year to 5 April 2009

Signing your Will – 15th May, 2009

The firm recommends that, whenever possible, you should come into the office to sign your Will.

Gifts to overseas charities – 15th May, 2009

Normally, the UK will give tax relief for charitable donations only if the charity is registered in the UK.

Adverse Possession - defeating the legal owner's title – 23rd March, 2009

The problem of delay in adverse possession cases

Inheritance tax planning and discounted gifts schemes – 10th March, 2009

From 1 February 2009 the valuation rate of interest (the discount rate) has been reduced from 6.75% per annum to 5.25% per annum.

Scam e-mails from the Taxman – 10th March, 2009

H M Revenue & Customs have warned that fraudsters are targeting taxpayers with thousands of scam e-mails.

New Late Filing and other Penalties for companies – 10th March, 2009

Companies House doubles fines.

New Intestacy Rules 10 February 2009 – 10th March, 2009

For deaths after 1 February 2009, the levels of statutory legacy increased where somebody dies without having made a Will.

Pension lifetime allowance notifications deadline – 2nd March, 2009

5 April 2009 is the deadline for notifying H M Revenue & Customs that your pension fund exceeds £1,650,000.

Disability Discrimination – 25th February, 2009

Recent case makes claims harder to bring

Long term sickness entitlements – 3rd February, 2009

Recent ruling from the ECJ will have impact for UK employers

OFT gives guidance to businesses – 8th December, 2008

Competition and consumer protection laws explained

Do you come from abroad? – 8th December, 2008

Tax information

Helen & Douglas House – 25th October, 2008

HMG LAW co-sponsor a dinner at Blenheim Palace

Frank Collingwood and STEP – 6th October, 2008

Frank Collingwood is admitted as a member of STEP

New Intestacy Rules – 17th September, 2008

Changes to legacy provisions

Stamp Duty Land Tax holiday – 8th September, 2008

Stamp Duty Land Tax relief for one year

Sponsoring the Arts – 4th September, 2008

HMG LAW sponsors the Oxford Playhouse and Modern Art Oxford

The case of the wrong house – 2nd September, 2008

Surveyor misled into valuation of wrong house is liable for damages

Fired before you start – 20th June, 2008

What happens if you are fired before you even start?

Return of Mortgage Repossessions – 11th June, 2008

The draft pre-action protocol should help borrowers in trouble

Employment - compromise agreements – 11th June, 2008

Beware the warranty

Hips extends to all properties – 6th April, 2008

All residential properties now covered

The end of the Company Secretary? – 5th April, 2008

Companies Act 2006 changes

The tax man can bug you – 3rd April, 2008

Inteceptions by HM Revenue & Customs

Seminar on proposed taxation of Non-UK Domiciled individuals – 7th February, 2008

Topical issues for Farmers and landowners Seminars – 7th February, 2008

We are planning a seminar on “Topical issues for Farmers and landowners” which will be held in April 2008

Employment – compensation rates increase – 27th January, 2008

Congratulations and Hello – 5th January, 2008

New partners

Finance Act 2007 and Drawdown on Pensions – 20th December, 2007

The Finance Act 2007 introduced a whopping 82% tax charge on funds held in ”drawdown” in a pension scheme when some pensioners die! Read on...

Married couple's IHT allowance – 11th December, 2007

The Chancellor’s has introduced a new married couple’s inheritance tax allowance of £600,000 immediately, rising to £700,000 by 2010/11. As with many such apparently beneficial announcements, the devil is in the detail.

UK Residents from Abroad – 7th December, 2007

The Chancellor announced in his pre-Budget statement that from 6 April 2008, the rules for the remittance basis for non-domiciled individuals who are resident in the United Kingdom are to be amended.

Employment News - I don't like Mondays... – 29th October, 2007

Whilst most employers have given employees an entitlement to public and bank holidays plus 4 (or more) weeks’ holiday, until 30th September this year the law did not require them to do so. Workers were entitled by law to 4 weeks inclusive of public holidays.

Employment News - I don't want holidays... – 29th October, 2007

For those who don’t want to take holiday, the obvious question is whether they can insist on being paid in lieu of holidays.