Tax law
Our Tax Law Sub-committee provided written evidence to the Finance and Public Administration Committee of the Scottish Parliament in relation to its consideration of the (draft) Land and Buildings Transaction Tax (Miscellaneous Amendments) (Scotland) Order 2024. The draft Order was laid before the Scottish Parliament on 19 January 2024, and provides for a number of changes to the Land and Buildings Transaction Tax Additional Dwelling Supplement.
- The draft Order can be found here.
- Read our written evidence (January 2024).
HM Revenue & Customs and HM Treasury consulted on elements of the tax treatment of ecosystem service markets and environmental land management. Part 1 of the consultation was a call for evidence on the tax treatment of the production and sale of ecosystem service units. Part 2 consulted on the scope of agricultural property relief from inheritance tax.
- Read the consultation on the HM Treasury website.
- Read our response (June 2023).
In January 2024, we wrote a joint letter with the Association of Tax Technicians and ICAS to the Financial Secretary to the Treasury, detailing our concerns around ongoing uncertainties regarding the tax treatment in this area.
HM Revenue and Customs consulted on the proposed amendments to the Construction Industry Scheme (CIS) regulations. The regulations set out exceptions to VAT compliance obligations to ensure that Gross Payment Status is not refused or removed for minor errors, and exempt certain payments from landlords to tenants from the scope of the CIS.
- Read the consultation on the HMRC website.
- Read our response.
Scottish Government Consultation
The Scottish Government consulted on proposed legislative amendments to the Land and Buildings Transaction Tax (Scotland) Act 2013, including the addition of a new schedule 16D, which will provide a relief from LBTT for qualifying non-residential transactions within a designated Green Freeport tax site.
- Read the consultation on the Scottish Government website.
- Read our response (May 2023).
The Land and Buildings Transaction Tax (Green Freeports Relief) (Scotland) Order 2023 (SSI 2023/Draft)
The draft SSI was laid before the Scottish Parliament on 16 June 2023. The Finance and Public Administration Committee launched a call for views on its provisions, which closed on 16 August 2023.
- Read the call for views on the Scottish Parliament website.
- Read our response(August 2023).
HM Revenue and Customs consulted on proposals to modernise the Stamp Taxes on Shares framework, which encompasses both Stamp Duty and Stamp Duty Reserve Tax.
- Read the consultation on the HMRC website.
- Read our response (August 2023).
HM Revenue and Customs consulted on possible changes to strengthen and simplify the Construction Industry Scheme (CIS).
- Read the consultation on the HMRC website.
- Read our response (July 2023).
Scottish Government established a new Tax Advisory Group, and we wrote a joint letter with ICAS to outline the strategic objectives that this new group should consider.
- Read our joint letter.
The Scottish Government launched a consultation on proposed legislative amendments to the arrangements for the Land and Buildings Transaction Tax (LBTT) Additional Dwelling Supplement (ADS). The consultation followed on from previous call for evidence and views on ADS in 2022.
- Read the consultation on the Scottish Government website.
- Read our response.
The House of Commons' Treasury Committee held an inquiry on Tax Reliefs.
- Find out more on the UK Parliament website
- Read our written evidence
HMRC held a consultation seeking views on proposals to address consumer protection issues for individuals who claim tax repayments via repayment agents.
- Find out more on the UK Government website
- Read our response
HMRC held a consultation seeking views on proposals to formalise and extend a concession that removes trusts and estates from Income Tax where the only source of income is savings interest, and the tax liability is below £100.
- View the consultation on the UK Government website
- Read our response
The Scottish Government launched a consultation seeking evidence and views on the operation of the Land and Buildings Transaction Tax (LBTT) Additional Dwelling Supplement (ADS). The Scottish Government committed to a review of the ADS in the 2021-22 Programme for Government. This call for evidence and views is the first stage of that review.
- View the consultation on the Scottish Government website
- Read our response
The UK Government launched a consultation seeking views on the introduction of a corporate re-domiciliation regime to support companies seeking to relocate to the UK.
- View the consultation on the UK Government's website
- Read our response
The House of Lords' Finance Bill Sub-committee held an inquiry on the Draft Finance Bill 2021-22.
- Read the inquiry on the UK Parliament website
- Read our written evidence
The UK Government issued a consultation seeking views on the draft legislation of the Residential Property Developer Tax ahead of its inclusion in the 2021-22 Finance Bill.
- Read the consultation on the UK Government's website
- Read our submitted response
The Scottish Government issued a consultation to seeks view on their overarching approach to tax policy, through Scotland’s first framework for tax, and how they should use devolved and local tax powers as part of the Scottish Budget 2022 to 2023.
- Read the consultation on the Scottish Government's website
- Read our submitted response
A call for evidence by HMRC to seek views on the current VAT rules relating to land and property, and explores potential options for simplifying them.
- Find the consultation on the UK Government's website
- Read our response
The UK Government issued a consultation to seek views on the proposal that everyone who provides tax advice should hold professional indemnity insurance, as well as views on a definition of tax advice.
- View the consultation on the UK Government's website
- Read our response
The UK Government announced on 10 February 2021 that it would introduce a new Residential Property Developer Tax as part of its Building Safety Package. The tax is one of the government’s measures to bring an end to unsafe cladding, provide reassurance to homeowners and support confidence in the housing market. The government consulted on the design of that tax ahead of its inclusion in the 2021-22 Finance Bill.
- Read the original consultation.
- Read our response.
The Office of Tax Simplification issued a consultation seeking views on Capital Gains Tax and suggestions for improvements.
- Read the consultation on the UK Government's website
- Read the Law Society of Scotland's response (November 2020)
The UK Parliament's Finance Bill Sub-Committee called for evidence on the draft Finance Bill 2020-2021, asking for views on three areas of the Bill: new proposals for tackling promoters and enablers of tax avoidance schemes; new tax checks on licence renewal applications; and amendments to HMRC’s civil information powers.
- Read the call for evidence on the UK Parliament's website
- Read the Law Society of Scotland's response (October 2020)
The UK government invited views on the principles and design of a new framework for Stamp Duty and Stamp Duty Reserve Tax (SDRT), both of which tax transactions in shares and securities.
- View the consultation on the UK government's website.
- Read the Law Society of Scotland's response (October 2020).
The UK Parliament's Treasury Committee launched an inquiry called ‘Tax after coronavirus’ and sought evidence on what overall level of taxation the economy can bear, the role of tax reliefs in rebuilding the economy, and whether there is a role for windfall taxes in the post-coronavirus world.
- Read the inquiry on the UK Parliament website
- Read the Law Society of Scotland's written evidence (September 2020)
The UK government called for evidence on ways to tackle future use of disguised remuneration tax avoidance.
- View the consultation on the UK government's website.
- Read the Law Society of Scotland's response (September 2020).
The UK Government asked for views on proposals to strengthen the sanctions against those who promote or enable tax avoidance schemes.
- View the consultation on the UK government's website.
- Read the Law Society of Scotland's response (September 2020).
The UK government issued a consultation calling for views on ways to raise standards and increase transparency in the tax advice market.
- View the consultation on the UK government's website.
- Read the Law Society of Scotland's response (August 2020).
The UK Government asked for views on areas of the plastic packaging tax design, which have been further refined ahead of the tax commencing in April 2022.
- View the consultation on the UK Government's website.
- Read the Law Society of Scotland's response.
The Finance and Constitution Committee agreed at its meeting on 6 February 2019 that Scottish Government officials working with the clerks establish a devolved taxes legislation working group to take forward the following recommendations of the Budget Process Review Group (BPRG).
The working group invited submissions in light of its interim report.
- View the interim report on the Scottish Parliament's website
- Read the Law Society's response
HM Revenue and Customs has published draft secondary legislation for technical comment. The draft secondary legislation relates to the reform of the off-payroll working rules, due to come into effect from 6 April 2020.
- View the consultation on the UK Government's website
- The Law Society of Scotland's response (February 2020)
The UK Government invited the views of stakeholders for budget representations.
- Find the UK Government's guidance on budget representations here
- Read the Law Society's UK budget representation
The Scottish Government has issued a consultation on the principles of a local discretionary Transient Visitor Levy or 'tourist tax'.
- View the consultation on the Scottish Government website
- The Law Society of Scotland's response (December 2019)
The Scottish Government has issued a consultation on a new approach to the planning, management and implementation of the fully devolved taxes in Scotland.
- View the consultation on the Scottish Government's website
- The Law Society of Scotland's response (June 2019)
HM Revenue & Customs has issued a consultation on how the off-payroll working rules will work from April 2020.
- View the consultation on the GOV.UK website here
- View the Law Society of Scotland's response here
The Scottish Government has issued a consultation setting out the principles for taxing trusts and seeks views and evidence on reform in line with them.
- View the consultation on the Scottish Government's website
- The Law Society of Scotland's response (February 2019)
Read our written evidence submitted to the Scottish Parliament's Finance and Constitution Committee on the Land and Buildings Transaction Tax (Tax Rates and Tax Bands Etc.) (Scotland) Amendment Order 2018.
HM Revenue & Customs has issued a consultation on the relevance of some of the information powers enacted by schedule 36 of the Finance Act 2008, and on potential improvements.
- View the consultation on the GOV.UK website
- The Law Society of Scotland's response (October 2018)
HM Treasury and HM Revenue & Customs have issued a consultation on the best way to tackle non-compliance with the off-payroll working rules (IR35) in the private sector.
- View the consultation on the GOV.UK website
- The Law Society of Scotland's response (August 2018)
The Scottish Government has issued a consultation on the potential introduction of reliefs from LBTT to bring parity with Stamp Duty Land Tax (SDLT) for certain types of authorised property investment funds.
- View the consultation on the Scottish Government website
- The Law Society of Scotland's response (August 2018)
HMRC have launched a consultation on tax abuse and insolvency.
- View the consultation on the GOV.UK website
- The Law Society of Scotland's response (June 2018)
The UK Parliament's treasury committee has launched an inquiry on the Conduct of Tax Enquiries and the Resolution of Tax Disputes.
- View the inquiry on the UK parliament website
- The Law Society of Scotland's response (June 2018)
The Office of Tax Simplification has issued a call for evidence with regards Inheritance Tax Review.
- View the consultation on the Office of Tax Simplification website
- The Law Society of Scotland's response (June 2018)
The Scottish Government has issued a consultation on an amendment to Land and Buildings Transaction Tax Group Relief.
- View the consultation on the Scottish Government website
- The Law Society of Scotland's response (April 2018)
The Scottish Government has issued a consultation on the first-time buyer relief from Land and Buildings Transaction Tax (LBTT), as announced in the draft Scottish Budget 2018/19.
- View the consultation on the Scottish Government website
- The Law Society of Scotland's response (March 2018)
HM Treasury and HM Revenue & Customs have issued a consultation on the tax treatment of gains accruing on disposals of interests in UK immovable property by non-residents, and Technical Note on accompanying anti-forestalling rule.
- View the consultation on the GOV.UK website
- The Law Society of Scotland's response (February 2018)
In anticipation of the Scottish Government’s proposed budget, the Tax Law Sub-Committee have submitted comments relating to devolved taxes.
- The Law Society of Scotland's comments (December 2017)