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This week’s edition of Private Client highlights includes: (1) the Supreme Court decision on proprietary estoppel in Guest v Guest, including video commentary; (2) the Emergency Statement made by the Chancellor of the Exchequer on 17 October 2022; (3) predictions for the Medium-Term Fiscal Plan scheduled for 31 October 2022; (4) the Privy Council landmark decision on Jersey 'insolvent trusts' in Equity Trust (Jersey) Ltd (Respondent) v Halabi (Appellant) (Jersey); (5) the tribunal decision on tax residency where the taxpayer had purportedly relocated to Belgium in McCabe v HMRC; (6) statistics and updated guidance relating to the Trust Registration Service and (7) updated Form IHT402 in relation to the transferable basic nil rate band.
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Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
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Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an
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