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Private client briefing for May 2015

Speed read

The decision of the Upper Tribunal in Higgs found that a taxpayer has the right to claim a rebate on an out of time return. The introduction of exit checks at all UK ports is a useful tool for HMRC when establishing whether a person is UK resident for tax purposes under the statutory residence test. There is welcome news for some financial institutions and trusts on FATCA, as HMRC has removed the requirement for nil returns. The High Court has ruled that an executor can waive joint privilege unilaterally. HMRC has updated its guidance on the non-resident landlord scheme, making clear that it will no longer send agents/tenants a copy of the annual return form; instead, it will be available online. And HMRC is to face judicial review proceedings over the HSBC controversy.

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