Live and recently closed HM Treasury and HMRC consultations, as at 5 September, are summarised in this A-Z guide.
A consultation on the debt cap rules closes today, and three consultations – concerning tax residence, the treatment of non-domiciled individuals and tax residence and the simplification of regulatory penalties – will close on 9 September.
A further 12 consultations will close later this month and two will close in October.
HM Treasury’s consultation tracker, available via www.lexisurl.com/Bm6Q7, was updated on 9 August.
Update 9 September:
See Government abandons tax treaty anti-avoidance measures
Air passenger duty
See Reform of air passenger duty
A new incentive for charitable legacies
A reduced rate of inheritance tax to apply where 10% or more of a deceased’s net estate is left to charity.
Consultation closed 31 August 2011
Further guidance: www.lexisurl.com/4CX2q
Avoidance
See:
Changes to the capital allowances anti-avoidance rules for plant and machinery
Disclosure of tax avoidance schemes
High risk areas of the tax code: relief for income tax losses
High risk areas of the tax code: unauthorised unit trusts
High risk tax avoidance schemes
Tax treaties anti-avoidance
Bringing HMRC's information powers into line with international standards for tax information exchange
How to ensure that HMRC can collect information in specific cases where the full identity of the taxpayer is not known but can be ascertained by reference to other available information.
Comments to: Powers.review-of-hmrc@hmrc.gsi.gov.uk
Consultation period: 7 July–29 September 2011
Further guidance: www.lexisurl.com/dyvtJ
Capital allowances
See:
Changes to the capital allowances anti-avoidance rules for plant and machinery
Capital allowances: feed-in tariffs and the renewable heat incentive
Capital allowances for fixtures
Capital allowances: feed-in tariffs and the renewable heat incentive
Fixing a rate of capital allowances for eligible expenditure under schemes to incentivise low carbon electricity generation and heat generation from renewable sources.
Consultation closed 31 August 2011
Further guidance: www.lexisurl.com/szcUi
Capital allowances for fixtures
Changes including the pooling of expenditure on fixtures in a building within a short period of acquiring the building.
Consultation closed 31 August 2011
Further guidance: www.lexisurl.com/zZsRc
Changes to the capital allowances anti-avoidance rules for plant and machinery
Proposals to make the rules in CAA 2001 Part 2 Ch 17 relating to plant and machinery more effective.
Consultation period: closed 31 August 2011
Further guidance: www.lexisurl.com/hpGpS
Civil investigation of fraud – contractual disclosure facility
Exploring the concept of a contractual disclosure facility to tighten HMRC’s approach to civil investigation of fraud.
Comments to: cepris.cifconsultation@hmrc.gsi.gov.uk
Consultation period: 20 July–20 September 2011
Further guidance: www.lexisurl.com/QRUzf
Consultation on controlled foreign companies reform
Consultation on ‘full reform’ of the regime to ‘make it more competitive while providing adequate protection of the UK corporation tax base’.
Comments to: robert.edwards@hmtreasury.gsi.gov.uk
Consultation period: 30 June–22 September 2011
Further guidance: www.lexisurl.com/9VCvm
Consultation on the abolition of 36 tax reliefs
Abolition as announced at Budget 2011.
Consultation closed 31 August 2011
Further guidance: www.lexisurl.com/DerlD
Consultation on the patent box
A preferential tax regime for profits arising from patents
Consultation period closed 2 September 2011
Further guidance: www.lexisurl.com/KCXzN
Controlled foreign companies
See Consultation on controlled foreign companies reform
Customs and excise law
See Modernising customs and excise law
Debt cap
See Potential debt cap changes for Finance Bill 2012
Digital by default
Mandation of the use of a new online ‘registration wizard’ for the main business taxes.
Comments to: keith.wear@hmrc.gsi.gov.uk
Consultation period: 8 August–31 October 2011
Further guidance: www.lexisurl.com/OryZU
Disclosure of tax avoidance schemes
Implementing further changes to the hallmarks.
Informal consultation, June 2011
Employer asset-backed pension contributions
Limiting tax relief available to employers making asset-backed contributions to defined benefit pension schemes.
Consultation closed 16 August 2011
Further guidance: www.lexisurl.com/XWUPZ
Enterprise investment scheme
See Tax-advantaged venture capital schemes
Establishing the future relationship between the tax agent community and HMRC
The longer term vision for HMRC’s engagement with tax agents.
Comments to: agent.consultation@hmrc.gsi.gov.uk
Consultation period: 31 May–16 September 2011
Further guidance: www.lexisurl.com/JG0VL
Fraud
See Civil investigation of fraud – contractual disclosure facility
Gift Aid: small donations
A scheme to enable charities to make a claim without obtaining declarations.
Informal consultation, ongoing
Gifts of pre-eminent objects and works of art to the nation
A tax reduction to encourage donations of pre-eminent works of art or historical objects.
Comments to: budgetexternal.mailbox@hmrc.gsi.gov.uk
Consultation period: 28 June–21 September 2011
Further guidance: www.lexisurl.com/O8IJ1
High risk areas of the tax code: relief for income tax losses
Exploring ways of ‘ensuring that genuine business losses and employment losses are relieved while effectively deterring taxpayers from entering into tax avoidance arrangements intended to exploit [reliefs against general income or gains]’.
Comments to: ann.sterenberg@hmrc.gsi.gov.uk
Consultation period: 30 June–30 September 2011
Further guidance: www.lexisurl.com/PNmCC
High risk areas of the tax code: unauthorised unit trusts
Exploring ways of simplifying taxation of unauthorised unit trusts and their investors to reduce administrative burdens and remove avoidance opportunities.
Comments to: wayne.a.strangwood@hmrc.gsi.gov.uk
Consultation period: 30 June–30 September 2011
Further guidance: www.lexisurl.com/l88xM
High risk tax avoidance schemes
Proposals to list certain avoidance schemes in regulations and reduce the cash flow advantage of using them.
Consultation closed 31 August 2011
Further guidance: www.lexisurl.com/fSxeX
HMRC information powers
See Bringing HMRC's information powers into line with international standards for tax information exchange
Implementing a machine games duty
The design characteristics of the new duty.
Consultation closed 26 July 2011
Further guidance: www.lexisurl.com/LemH4
Incapacitated person – a modern definition
The language used to define an incapacitated person for direct tax purposes.
Consultation closed 16 August 2011
Further guidance: www.lexisurl.com/B5V2B
Inheritance tax
See A new incentive for charitable legacies
Integrating the operation of income tax and NICs
A call for evidence. Further consultation is expected in the autumn on the options, stages and timing reforms to integrate of the operation of income tax and NICs.
Comments to: incometaxnics.simplification@hmtreasury.gsi.gov.uk
Consultation period: 11 July–19 September 2011
Further guidance: www.lexisurl.com/riQyo
Legislating extra-statutory concession ESC3.2.2
How best to legislate the concession placing a cap on the value of a tax charge required within VAT groups.
Consultation closed 3 August 2011
Further guidance: www.lexisurl.com/NAUlJ
Life insurance companies: a new corporate tax regime
A new regime to comply with EU Solvency II Directive.
Consultation closed 28 June 2011
Further guidance: www.lexisurl.com/p85T2
Machine games duty
See Implementing a machine games duty
Modernising Customs and Excise Law
Proposals to update Customs and Excise Management Act 1979.
Comments to: customsandexcise.law@hmrc.gsi.gov.uk
Consultation period: 15 August–7 November 2011
Further guidance: www.lexisurl.com/ItrDE
Modernising the administration of the personal tax system
How the administration of the personal tax system can become more transparent and accessible to individual taxpayers.
Consultation period: Autumn 2011
Money laundering
See Review of the Money Laundering Regulations 2007
Non-domiciled individuals
See Reform of the taxation of non-domiciled individuals
Northern Ireland
See Rebalancing the Northern Ireland economy
Oil and gas
See UK oil and gas fiscal regime: valuation of non arm's length sales of gas
Patent box
See Consultation on the patent box
Penalties
See The simplification of regulatory penalties
Pension schemes
See Employer asset-backed pension contributions
Personal tax
See Modernising the administration of the personal tax system
Potential debt cap changes for Finance Bill 2012
Potential changes to the reliefs for interest and other financing costs.
Comments to: lesley.hamilton@hmrc.gsi.gov.uk
Consultation period: 14 June–5 September 2011
Further guidance: www.lexisurl.com/XKksp
Qualifying time deposits
New rules for qualifying time deposits.
Consultation closed 31 July 2011
Further guidance: www.lexisurl.com/Yzsvm
Real estate investment trusts
Informal consultation closed 10 June 2011
Further guidance: www.lexisurl.com/KObri
Rebalancing the Northern Ireland economy
Possible steps to accelerate the 'rebalancing' of the NI economy through the tax system, including allowing NI to vary corporation tax rates.
Consultation closed 8 July 2011
Further guidance: www.lexisurl.com/lGKUk
Reform of air passenger duty
Plans to simplify APD and extend aviation tax to ‘business jets’.
Consultation closed 17 June 2011
Further guidance: www.lexisurl.com/RSonG
Reform of the taxation of non-domiciled individuals
Reform to encourage non-doms to invest and do business in the UK, while ensuring that ‘they make a greater tax contribution, especially when they have been resident in the UK for many years’.
Comments to: Non-doms@hmtreasury.gsi.gov.uk
Consultation period: 17 June–9 September 2011
Further guidance: www.lexisurl.com/R6U5n
Research and development tax credits
Proposals to simplify the R&D tax credits and make them more effective
Consultation closed 2 September 2011
Further guidance: www.lexisurl.com/7qg3j
Residence
See Statutory definition of tax residence
Review of the Money Laundering Regulations 2007
Proposed changes to the regulations.
Consultation period: 7 June–30 August 2011
Further guidance: www.lexisurl.com/wCHqo
Statutory definition of tax residence
The detail of a statutory definition of tax residence for individuals.
Comments to: SRT@hmtreasury.gsi.gov.uk
Consultation period: 17 June–9 September 2011
Further guidance: www.lexisurl.com/4ZtMX
Tax agents
See:
Establishing the future relationship between the tax agent community and HMRC
Working with tax agents: dishonest conduct
Tackling VAT evasion on road vehicles brought into the UK
A new on-line vehicle notification system to tackle fraud.
Consultation closed 31 August 2011
Further guidance: www.lexisurl.com/oc3HN
Tax-advantaged venture capital schemes
Further changes including additional support for seed investment through the Enterprise Investment Scheme.
Comments to: ventureschemeconsultation@hmtreasury.gsi.gov.uk
Consultation period: 6 July–28 September 2011
Further guidance: www.lexisurl.com/68C13
Tax reliefs
See Consultation on the abolition of 36 tax reliefs
Tax treaties anti-avoidance*
Measures to deny relief or exemption from UK tax where a claim is made under a DTA and arrangements have been made in relation to the claim to avoid UK tax.
Comments to: tom.o.matthews@hmrc.gsi.gov.uk
Consultation period: 1 August–22 September 2011*
Further guidance: www.lexisurl.com/YwF0D
[* See Government abandons tax treaty anti-avoidance measures, 9 September 2011]
The simplification of regulatory penalties
The first of two consultations in the final stage of the ‘Review of Powers’ reforms of penalties.
Comments to: Powers.review-of-hmrc@hmrc.gsi.gov.uk
Consultation period: 17 June–9 September 2011
Further guidance: www.lexisurl.com/zi07y
UK oil and gas fiscal regime: valuation of non arm's length sales of gas
Adoption of mandatory price reporting agency-based method for valuing non arm’s length sales of gas by gas producing companies.
Consultation closed 2 August 2011
Further guidance: www.lexisurl.com/gWRAX
VAT: cost-sharing exemption
Options for implementing the exemption for charities etc wishing to make efficiency savings by working together.
Comments to: david.bond2@hmrc.gsi.gov.uk
Consultation period: 28 June–30 September 2011
Further guidance: www.lexisurl.com/9JE9O
VAT groups
See Legislating extra-statutory concession ESC3.2.2
VAT and imported road vehicles
See Tackling VAT evasion on road vehicles brought into the UK
VAT: the next steps for moving VAT online
Mandation of online filing of returns and electronic payments from April 2012 for traders with turnover under £100,000; and introduction of an enhanced online service for VAT registration, deregistration and notification of changes.
Comments to: john.s.nawbatt@hmrc.gsi.gov.uk
Consultation period: 8 August–31 October 2011
Further guidance: www.lexisurl.com/7gMWe
Venture capital scheme
See Tax-advantaged venture capital schemes
Working with tax agents: dishonest conduct
Proposals allowing HMRC to obtain working papers of dishonest tax agents, penalise them and publish their details on the HMRC website.
Comments to: powers.review-of-hmrc.gsi.gov.uk
Consultation period: 14 July–16 September 2011
Further guidance: www.lexisurl.com/K3DM2
Comment