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Stamp Duty Land Tax – the complexity continues  Judith Pederzolli - Director of Business Tax and SDLT, PEM, Cambridge

7/10/2020

 
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Stamp Duty Land Tax – the complexity continues
Judith Pederzolli - Director of Business Tax and SDLT, PEM, Cambridge

There have been significant changes to both the SDLT legislation and HMRC’s approach to the application of the rules. This can often leave both conveyancers and taxpayers uncertain as to how a transaction should be treated for SDLT purposes.
Common questions include whether the residential or non-residential rates should apply and whether multiple dwellings relief is available. From 1 April 2021, the introduction of the 2% surcharge for the purchase of dwellings by non-residents is likely to cause more confusion. These areas are considered in more detail below.

Mixed use
The great disparity between the residential and non-residential rates means some purchasers are looking to claim that their property is “mixed use”. However, given the current SDLT holiday, mixed use is not always beneficial so this is worth checking. Traditionally large areas of land were thought to be more than areas “subsisting for the benefit of the dwelling” and so mixed use rates could be claimed. However, HMRC have hardened their position on this and often state that in the absence of an identifiable commercial use, all land sold with a dwelling will be treated as residential. Therefore you would need to look for evidence of commercial use, such as formal grazing licences or agricultural tenancies, which would prevent the seller being able to enjoy the land.

Multiple Dwellings Relief (MDR)
MDR is available where more than one dwelling is purchased in a single or linked transactions.  The SDLT is calculated on the average price of each dwelling, then multiplied by the number of dwellings, thus giving access to the lower rate bands for each dwelling, although the minimum charge is 1% of the purchase price. In recent years there has been a surge in retrospective MDR claims, asking for refunds of SDLT, causing HMRC to enquire into many claims to ensure that the relief is genuinely available. In some cases it can be difficult to pin down whether a purchase consists of more than one dwelling and each case needs to be examined on its own facts. Buying several dwellings in one transaction can also affect whether the 3% surcharge for additional dwellings will apply.

Non-resident 2% surcharge
This has been under discussion since a consultation was released in February 2019 and the draft legislation was finally released on 21 July 2020. This surcharge will apply if any of the purchasers are non-resident (although there are special rules for spouses buying together). An individual is treated as UK resident if they are in the UK for at least 183 days during the period of 364 days before and 365 days after the completion of the purchase. Conveyancers will need to explain the rules to their clients to enable them to confirm their position. An individual may be non-resident at completion but then become resident at some point in the year afterwards. This means they need to pay the surcharge but can later claim a refund. Purchasers should be made aware of this and the time limits for making the claim, being 2 years after the original transaction date. HMRC are expected to release further guidance on the surcharge in due course.

The residency rules for companies are complex and it may be difficult in many cases to establish the company residency where the buyer is a UK company with some non-resident shareholders.
 
As well as the above, there are other matters to consider, such as whether (for companies) the 15% flat rate of SDLT for purchases of high value dwellings should apply, whether the transaction falls within the special partnership rules or whether the purchase is being made by a connected company and so may be deemed to occur at market value. In addition, where student accommodation is being purchased there may be an opportunity to avoid paying the 3% surcharge for additional dwellings. Without careful consideration it is possible that the wrong amount of SDLT could be paid, an opportunity to make a saving could be missed or the client is not warned of actions which could increase their SDLT bill.

As SDLT is now more complex than ever it is important that purchasers seek advice to ensure they pay the correct amount of SDLT and claim any reliefs they may be entitled to. Please contact Judith Pederzolli (jpederzolli@pem.co.uk) or Sarah Davis (sdavis@pem.co.uk) at PEM (www.pem.co.uk ) for more details.

​
PEM has been serving clients for over 140 years and are the largest firm of accountants, tax and business advisers based in Cambridge, providing a comprehensive range of services across a wide range of sectors. Our Tax Team consists of over 50 people, covering the full range of taxes.

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The fact that two situations are rarely the same means you should seek specialist advice before relying on the contents of this article. 
***

Blog: The Sex Disqualification (Removal) Act 1919, where are we now

4/2/2020

 
Coral Hill is Associate Professor at The University of Law and a non-practising solicitor. She reviews The Sex Disqualification (Removal) Act 1919 and where the profession is now.

The Sex Disqualification (Removal) Act 1919 allowed women to qualify as lawyers; it is the shortest statute in the last 100 years and with enormous impact. The many events that marked this centenary have highlighted the achievements of some remarkable women, showed what challenges still exist, and how the momentum for change must continue.

What was special about 1919?
It's important to recognise the degree of social change in the period immediately following the end of World War I, and the achievement in 1918 of the right to vote by most women over 30, and all men over 21, giving the right of representation to millions more people. Although women had been campaigning for rights and to access the legal profession over the previous 50 years, this was the historic moment to seize. 

Why were female applicants turned away?
Both the Inns of Court and The Law Society were nervous of altering the status quo and so refused applications simply on the basis that there was no precedent. An exceptional woman called Gwyneth Bebb (with a first in Jurisprudence) had applied to sit the Law Society exams in 1912 but was refused permission.

Undeterred, she issued proceedings for a declaration that the word 'persons' in the Solicitors Act 1843 must include her. The Act had the time-honoured statement that the use of the masculine extended to and included the feminine. However the Court of Appeal held that this should not be interpreted such that women could be admitted and so, effectively, women were not included in the definition of 'person' within the Act. 

How quickly did the 1919 Act have an impact?
The Act was passed on 23 December and the very next day, on Christmas Eve 1919, Helena Normanton applied to Middle Temple, the first step to becoming a barrister. Subsequently, Dr Ivy Williams was the first to be called to the Bar.

Solicitors have a longer qualification route than barristers and the first solicitor admitted was Carrie Morrison in 1922. There were four women admitted together (Carrie Morrison, Maud Crofts, Mary Sykes and Mary Kidd). Initially they were limited in their use of  The Law Society and indeed there were no lavatories for women until much later, in the 1950s.

The 1919 Club and discrimination
This very small group of female solicitors formed The 1919 Club in honour of the date of the Act and later changed its name to the Association of Women Solicitors. The fact that women could qualify did not stop discrimination. It was usual to have to leave work if you became pregnant or in some cases even if you had the temerity to get married. Firms openly made decisions about employment using discriminatory criteria.

The successor to the 1919 Club still exists today as AWS London and AWS Manchester. The Association of Women Barristers was created in the early 1990s. The mission of these societies has always been to support and promote women in the law. Men, as well as women, are always welcome at meetings.

As Baroness Hale said recently – there are both male feminists and there are women who do not promote opportunities for others.  What is important is the belief in equality and the need for the world of law to adapt to the needs of modern men and women.

Equality - are we there yet?
The numbers of women studying and qualifying in law are very healthy. Since the 1980s women have been studying and becoming lawyers in similar numbers to men and now often overtake the numbers of men. It was quite reasonably assumed that it was just a matter of time while those women worked their way into senior positions but this has not happened for a host of reasons. Some of these were explored in the 2019 Law Society survey, for example, unconscious bias and lack of flexible working arrangements. As a result there is a substantial number of women leaving the profession after about 6 to 10 years of qualification.

There is still an attitude that people must adapt to the law profession rather than the other way around. This is one of the greatest drivers to women setting up their own firms.

The next challenge
It is going to require greater cultural change in our society and attitude to work to effect a real change. This is where the networks through women's groups or diversity initiatives in firms come in.  There are a large number of assumptions about what work women want to do and it affects all women, not just those who are or intend to be mothers. There's an assumption that they prefer to be based at home, not travel, not do long hours etc, and concentrate on areas such as family law. 

For some women, hours or travel are not an issue at all, whereas for others, men and women are demanding more flexible working arrangements to allow them to live a different life, whether this is accommodating children, looking after parents, or other passions or voluntary work.

The key issue is having an open mind and asking people what their genuine aims are. This is true of all diversity initiatives.

Do we still need women's networks?
Support networks for any group which suffers discrimination are vital as it is not just whether an individual achieves their goal but whether that group overall is gaining the same opportunities and rewards. This needs to be monitored and measured. There is a clear need for evidence-based research and reports, as carried out by the Women Lawyers' Core Group, led by Christina Blacklaws. Groups can record sexism and ensure there is pressure on the firm or chambers to change; preparing responses to consultation, providing mentoring etc.

It is great that we have so many different groups as they meet many different interests. There is room for many different projects to answer different needs. My view is small is beautiful when you are working with networks so lots of regional groups work well.

What next?
All groups want continued change and here are a few suggestions where we can all make a difference:
  • Unconscious bias - introduce compulsory training in your workplace.  You can start with the Harvard Unconscious Bias test which is free or buy online packages
  • Speaker panels - refuse to participate unless it is a balanced panel
  • Review team work and prevent staff from burning out by banning use of emails on certain days/hours or ensure the work is covered by rota
  • Get some management training – listening to staff and providing support for those who need time out makes all the difference and can create the most loyal workforce ever
  • Leadership projects – highlight what is required to gain partnership; does your workplace provide mentoring; review and track what work is distributed and how
My key interest is in visibility of under-represented groups at The Law Society in Chancery Lane. I would like to see rooms named after pioneers, a better reflection of the 21st century profession by its portraits and rehanging of existing work, as being done in Parliament. Visibility is vital.

Thanks to those who made it possible.

Female lawyers have advanced a long way in 100 years. We owe a great deal to the very first pioneers in the law and it is fantastic to have many female lawyers today to inspire younger women.

Views expressed in our blogs are those of the authors and do not necessarily reflect those of the Law Society
The First 100 Years project has created an amazing archive of video and podcasts for the future
Explore our Women Lawyers Division
Sign up for our Women in Law Pledge, launched in partnership with the Bar Council of England and Wales and the Chartered Institute of Legal Executives (CILEx)
Join our Women Lawyers Division LinkedIn group
There are regional groups in many local law Societies and the Association of Women Solicitors in London and Manchester

Tags: equality | diversity and inclusion

About the author
Coral Hill is Associate Professor at The University of Law. She initially worked as a litigator in London. She is a member of the International Committee of Westminster & Holborn Law Society. Coral holds external positions including academic advisor for the Judicial College (responsible for the training of the UK judiciary) and trustee for a charity, Cybercare. She has been active in addressing equality issues within the legal profession and is a member of The Law Society Council Membership Committee and International Women in Law Group

Follow Coral Hill @coralhill1 on Twitter

Report by The Law Society on access to Justice

14/2/2019

 
policy_report_for_council-post_meeting_summary.docx
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Cybercrime Toolkit Seminar - 17 August 2017

4/7/2017

 
In conjunction with the Law Society, we will be running a cybercrime toolkit seminar; further details below:
  • Guest Speaker: Law Society Council Member & MD of DigitalLawUK, Peter Wright
  • What: A seminar which covers (i) defining cyber security threats & risks, (ii) examples of relevant cyber security breaches, (iii) an in-depth look at cyber security regulatory requirements and outcomes that law firms can implement using the existing regulatory framework; and (iv) a detailed overview of the General Data Protection Regulation.
  • When: 11.00am - 1.15pm on Thursday 17 August 2017 (the seminar will finish at approximately 12.30pm and a light lunch will then be provided)
  • Where: Greenwoods Solicitors LLP, Monkstone House, City Road, Peterborough, PE1 1JE (parking available at the Market Car Park opposite)
  • Cost: There will be no cost for this event as PADLS will be subsiding the lunch

You are welcome and encouraged to invite your IT teams and compliance officers to attend.

If you would like to attend, please email Kirstie Sowter (ksowter@greenwoods.co.uk) or Stephanie Wilcox (sjwilcox@greenwoods.co.uk) by 3 August 2017 and confirm any dietary requirements. Places are limited, so please book fast to avoid disappointment and keep us up to date if you are no longer able to attend.

Law Care "Resilience & Wellbeing" Seminar

6/9/2016

 
On Tuesday 11 October 2016, Ann Charlton of Law Care will be giving a presentation about being a lawyer in the 21st century with tips on "managing life as a lawyer". The seminar will cover the following areas:
  • stress: physical, emotional and behavioural signs of stress
  • tips to manage stress
  • managing yourself, your time and your email
  • survival skills and strategies
  • the legal personality
  • work/life balance

The seminar will take place from 12.30pm until 2pm at Hunt & Coombs Solicitors, 35 Thorpe Road, Peterborough, PE3 6AG on 11 October 2016. Light lunch and refreshments will be provided. Tickets cost £5 per person. To book your place, please email Kirstie Sowter ksowter@greenwoods.co.uk or Stephanie Wilcox sjwilcox@greenwoods.co.uk by 30 September 2016.

Solicitors for the Elderly (East Midlands Branch): IHT RNRB and the Downsizing Provisions

25/8/2016

 
Solicitors for the Elderly (SFE) East Midlands Branch will be hosting a seminar about IHT RNRB and the Downsizing Provisions in Peterborough in October. Further details below.

Date: Tuesday 4 October 2016
Time: 4.00pm registration, 4.30-6.30pm conference
Venue: Greenwoods Solicitors LLP, Monkstone House, City Road, Peterborough, PE1 1JE
Cost: £30 members of SFE / £35 non-members

John Bunker, specialises in private client law and is also a Chartered Tax Adviser. His particular "know how" is in the technical and training side of the practice in wills, probate, trusts, estate planning, Inheritance Tax and tax panning, tax and trust compliance, elderly clients and international tax to ensure fee earners have the latest legal and tax developments and strategies for clients to make the most of a constantly chasing tax environment.

Gain practical advice as this seminar examines:
  • how the residence nil rate band works
  • the effect of the downsizing provisions
  • the implications for will drafting and estate planning

The event is accredited for 2  hours CPD.

A booking form is attached for you to complete and confirm your booking.

Continuing Education and Training

20/2/2016

 

    CONTINUINGEDUCATION

    Details of our Continuing Education Officer can be found on our Committee page. For other training opportunities visit Central Law Training (CLT)

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