Private client briefing for April 2016

Moore v HMRC and Castledine v HMRC highlight the care needed to ensure taxpayers satisfy the strict conditions of entrepreneurs’ relief, with particular focus on the timing of the disposal and resignation as a director, and what shares should be included when calculating the required 5% shareholding. The government has announced non-resident capital gains tax returns are not required in prescribed circumstances.  The High Court strikes down another application for judicial review of an advance penalty notice in Walapu v HMRC, and the 2016 Budget provides some, but very little, help for non-doms planning for April 2017.