Difference between revisions of "Introduction"
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==''Dedication''== | ==''Dedication''== | ||
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+ | | <center><big>'''To my Jane'''</big></center> | ||
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+ | | <center>''E que cada estrela incontável do céu seja<br/> | ||
+ | um beijo que eu ainda não te dei''</center> | ||
==Scope of this book== | ==Scope of this book== |
Revision as of 07:43, 5 April 2023
To view a pdf version of this Introduction, click here: Introduction
Contents
Dedication
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um beijo que eu ainda não te dei Scope of this bookThere are three themes to this book: (1) Taxation of foreign domiciliaries (2) Taxation of non-residents on UK assets (3) Taxation of UK residents on foreign assets To attempt to cover these topics comprehensively is ambitious, perhaps quixotic. This book is in danger of bursting, but one cannot address the first topic without the second and third, and these territorial issues can only be fully understood in a wider context: in taxation, as in life, everything is connected. Thus what started as a short book on foreign domiciliaries has become a work which seeks to address all territorial limits to UK taxation, and I discuss in the round other topics which often arise in this context, such as tax avoidance, and disclosure and compliance. A statute-focussed approachI set out statutory and other material verbatim:
Returning to the verbatim text, it is surprising how often one finds that the words do not say what one expects. This is not just a common law approach. Richard Hyland tells this story of his class at Université Paris II Panthéon-Assas:[2]
The year 2021/22 in reviewOTS stated in 2017:
This claim had been made at least since 2010.[4] In recent years Parliament added:[5]
OTS estimated HMRC guidance at 90,000 pages in 2018;[9] whatever the true figure, it will have grown considerably since then. This guidance was “not comprehensive” - something of an understatement; but according to the OTS “real life cannot be reduced to a neat description in a few (?) pages of writing”.[10] OTS was abolished in the mini-budget of October 2022. It did not achieve any perceptible simplification, at least in relation to the topics covered in this book,[11] and will not be missed. It is easier to talk of simplification:
The reader may think that satirists better identify the reality:
The task of dealing with the effect of Brexit has begun: a decade will not suffice for this, and this area of law will remain in a state of flux for the foreseeable future. Scotland continues its fiscal drift from the UK, with Northern Ireland and Wales following. FA 2022 changes relevant to this work include: Important cases plodding their way through the appeal system include a clutch of ToA cases: Fisher, Rialas, Davies. The Supreme Court refused permission to appeal in Embiricos v HMRC, leaving a lamentable decision that will add vastly to the already substantial cost of tax litigation. The abolition of the proposed rise in CT from 19% to 25%, which has been widely discussed means we will not return to the complexities of small profits relief, which is a significant simplification, or rather, avoids what would have been a significant complification. The Economic Crime (Transparency and Enforcement) Act 2022 has set up a beneficial ownership register of overseas entities that own UK property. The futureWe face an extended period of change and uncertainty, in politics, economics, public health, law and taxation, and will continue to live in fiscally exciting times. Thanks ...and request for helpI am very grateful to my colleagues in chambers, especially Robert Venables KC, Philip Simpson KC and Rory Mullen KC, for discussions on many aspects of tax. Yanpei Zhang as research assistant resolved many puzzles. I owe a great debt to Jane Hunt and Ruth Shaw who work committedly on this text throughout the year. Comments from readers and professional clients continue to be of the greatest value and interest to the author. The pleasure in writing this book consists in the interest of the questions which it raises, and the success which it may have achieved in answering them. On the basis of what is known at 1 April 2022, it seeks to state the law for 2022/23.
Obtaining Further Advice - And DisclaimerFurther adviceIf you want advice on which you are legally entitled to rely you can obtain it - but not from this work. In particular, you may instruct the author to advise. I enjoy writing, but spend most of my time giving independent specialist professional advice in private client matters, especially areas covered in this work. For further details see https://www.kessler.co.uk https://www.kessler.co.uk TFD OnlineTFD Online is an online version of this book and more. It can be used: (1) to search the text of this book or to access it online. (2) to see if the book has been updated (3) to correct or contribute to the book TFD Online is moderated by Rebecca Sheldon, a member of Tax Chambers, 15 Old Square, Lincoln’s Inn. TFD Online is accessible on https://www.foreigndomiciliaries.co.uk An authorisation code for a 3 week trial period is in the inside cover of volume 1. DisclaimerThe professional bodies issue the Professional Conduct in Relation to Taxation with a disclaimer:
When that appeared in 2011 it seemed extraordinary. But nowadays no professional body issues guidance without a disclaimer.[16] Similarly, and a fortiori, the views expressed in this book are put forward for consideration only and are not to be relied upon. Neither the author nor the publisher accept responsibility for any loss to any person arising as a result of any action or omission in reliance on this work. But could anyone have thought that a claim might arise in absence of this disclaimer? A note to the lay readerThis book is not intended as a self-help guide, and is addressed to tax practitioners. In earlier editions I said: “... but it is readable for a lay person.” I think that is still true, though the text is more daunting than when I first wrote those words, because the law has become much more complicated. However, initiation in these matters must often be by the taxpayer. If you wish to research this subject in depth, and so take more control of your own tax affairs, read on. But for implementation you will need to find professionals to advise you. Self-help guides extol “the benefit of bypassing expensive lawyers”; but the bypass may prove the more expensive route in the long run. Edition history
This book was called Taxation of Foreign Domiciliaries for 9 editions; it changed to Taxation of Non-Residents and Foreign Domiciliaries in the 10th edition.[17] Footnotes
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